
The Cotton Gin. 



THE 



HISTORY OF ITS INVENTION. 



Bjbibitlno Copies ot 
ORIGINAL PATENT SPECIFICATIONS AND DRAWINGS, 



With Synopsis 

OF TESTIMONY IN THE TWENTY-SEYEN LAW SDITS RELATING TO 
INFRINGEMENTS IN GEORGIA, 1796 TO 1805. 



ILLUSTRATED WITH ORIGINAL DRAWINGS. 



By a A, TOMPKINS, 



CHARLOTTE, N. C. 
Published by thb Author, 






m^^& mmm> 



The Cotton Gin. 



THE 



HISTORY OF ITS INVENTION. 



Bjbtbittno Copies ot 
ORIGIML PATENT SPECIFICATIONS AND DRAWINGS, 



With Synopsis 

OF TESTIMONY IN THE TWENTY-SEVEN LAW SUITS RELATING TO 
INFRINGEMENTS IN GEORGIA, 1796 TO 1805. 



ILLUSTRATED VlITH ORIGINAL DRAWINGS. 



By a A, TOMPKINS. 



CHARLOTTE, N. C. 

PUBI.ISHED BY THE AUTHOR. 
I9OI. 







Copyright 1901 

BY 

D. A. Tompkins. 



This pamphlet is an advance publication of Chapter II, from a 
book, "Cotton and Cotton Oil,," now in course of preparation. 
For Table of Contents of the book, see last pages of this pamphlet. 



cy- 
presses Observer Printing House, ^ 



Charlotte, N. C. 



^ 






JLbc Unvcntton of the Saw 6tn» 

Much as has heen written on the subject of the invention 
of the saw cotton gin, the question as to the crecUt for fun- 
damental ideas, and their development into a commercial 
machine, seems yet to lack authoritative discussion. 

It is so easy to collate a large amount of matter from 
writers, who themselves have copied the w^orks of others, 
purporting to relate history, that it is small wonder that 
well nigh as many errors as facts should have been frequent- 
ly copied and re-copied. This seems to be especially the 
case in America concerning the cotton gin, on acount of its 
being an American invention of such note, and of compar- 
atively recent date. 

Crude cotton as it is produced in the field, consists of 
flulTy masses of cotton lint adhering to seeds. It is called 
in this condition "seed cotton." The varieties of cotton 
may be divided into two general classes; "Upland" and 
''Sea Island." This distinction is based mainly on the 
length of the fibre or ''staple" the former having fibres va- 
rying from f to i J inches and the latter from i^ to 2V 
inches. The lint of upland cotton adiieres very firmly to 
the seeds, appearing to grow out of it like wool from a 
sheep's back. The seeds, after 1)eing denuded of lint as 
well as possible, still l:ave a woolly a])pearance. In a great 
many sub-varieties the seeds are green in color, thus givii/g 
to upland cotton, in general, the name "green-seed cot- 
ton," as distinguished from Sea Island cotton, whose seeds 
are black. Sea Island, or long staple cotton does not afl- 
here so closely to the seeds, and it can be easily pulled oft 
clean, leaving the seeds perfectly smooth. These seeds are 
vulgarly called ''bald-headed seed." 

A gin is a machine for separating lint cotton from the 
seed. The word gin is supposed to be a contraction of 
engine, and the word has been used to indicate a number of 
contrivances for doing w^ork, such as hoisting, etc., on 



the same reasoning that in England at the present time, 
the machine in use for carding cotton is known as the card- 
ing engine. 

Recent usage, especiaUy in America, has restricted the 
use of the word engine tO' mean some prime mover, and the 
use of the word gin to mean cotton gin. 

The term cotton, as commercially used in the United 
States, refers generally to upland cotton, that being the 
kind mostly produced. When Sea Island Cotton is referred 
to, it is specially mentioned. In the same way the term 
''gin" is used to designate the saw gin, which is the partic- 
ular kind in use with upland cotton. The machine used for 
separating Sea Island cotton from the seed is known as ti\c 
''roller gin." 

The saw gin has a saw cylinder, made up of circular saw s, 
spaced by collars on a mandrel or shaft. The saws project 
into a breast box, through grooves or ribs set close enough 
together to prevent the passage of seed. The teeth pull the 
lint through the ribs and leave seed behind. Revolving in 
an opposite direction to the saw- toothed cylinder, parallel 
to it, and in a contiguous box, is another cylinder covered 
with bristles, which brushes the lint out of the teeth and 
delivers it into a room or into a condenser. The brusli 
-cylinder i evolves 4 or 5 times as fast as the saw cylinder. 

The first method of separating lint from the seeds wa£ 
naturally by hand picking. The next method, originating 
in India about 300 B. C, was by means of rollers, which 
running closely together, w^ould pull the lint through and 
leave the seed behind. 

The roller gin now in use for ginning sea island cotton is 
a modern des'C'Cpment from this India gin. 

As most of the ancient Eastern cottons were of the 
black seed varieties, the roller gin was fairly successful, 
though the seeds w^ould often become cracked between the 
rollers and pass on through and mix v/ith the lint. The 
seeds contain considerable water and nitrogenous matters, 
so •"hat those crushed are liable to decay, and thus to give 
to lint cotton prepared in this manner a foul odor. 

During the War of the American Revolution, and imme- 



diately thereafter, cotton culture began to receive consi-.i- 
erable attention in the Southern States. As the coast 
country was the first to be settled; and as the valuable Sea 
Island varieties grew to perfection on that soil, these were 
first cultivated. They were prepared for market by hand, 
and by the roller gins, both processes being very slow. 
The roller gin then in use would clean about 5 times as 
much cotton per day as could be cleaned by hand. 

When upland varieties began to be cultivated furtht'r 
inland where Sea Island would not grow, the roller gin 
proved entirely inadequate and unsu'table, so that the ex- 
tension of cotton growing soon reached its limit. In many 
cases, it surpassed the limit, and much cotton was wasted 
for want of l^eing separated from its seed, and made really 
for market. 

In 1792, Eli Whitney of Massachusetts went by boat to 
Savannah, Ga., frcni which p^ace he intended to go v to he 
'interior as a tutor in a private family. On the srme boat was 
traveling Mrs. Nathaniel Greene, the widow of the Ameri- 
can Revolutionary General, who w^as returning from a 
Northern trip to her home at Mulberry Grove, near Savan- 
nah, Ga. On this journey Wlntney naturally made the ac- 
quaintance of Mrs. Greene. Arriving in Savannah, he failed 
to perfect his arrangement for teaching and accepted an in- 
vitation from Mrs. Nathaniel Greene to make his home at 
her house and pursue the study of law, which was his great 
desire. 

While he was in Mrs. Greene's house he exhibited great 
talent for mechanics, and made himself useful in that re- 
spect around the plantation. 

In the spring of 1793, some old comrades of General 
Greene: Majors Brewer, Forsythe and Pendhton, who 
lived near Augusta, Ga., called on Mrs. Greene. In the 
course of their visit they discussed the troubles of agricul- 
ture in the upper country, and mentioned the fact that 
much upland cotton could be profitably produced if there 
were only some machine for separating the lint f rom the 
seed. Mrs. Greene proposed that they talk over the mat- 
ter with young Whitney. The result of that visit was that 



i y 




Fig. I. 
Whitney's Original Model. 




■^ Q 



8 

Whitney was given a room in the Iwsement of the house, 
and after considerable experimenting, produced a machme 
that successfully separated the lint from seed. 

Fio- I is copied from an old print \vhich is said to repre- 
sent Whitney's original model. This is not an offica 
record, but it is confirmed by compaiison with the paten. 

drawing, Fig. 3. ^ , 

In 1793 Whitney went to New Haven, Conn., to confer 
with his old friend and patron, Elizur Goodrich and others, 
in relation to obtaining a patent. 

The original description in Whitney's own words, accom- 
panving his petition for patent was filed with Thomas Jef- 
ferson Secreiarv of State at Philadelphia, June 20, I79.i- 
Whitney also made affidavit concerning Ins invention be- 
fore Elizur Goodrich, Notary Public, and Alderman 01 
New Haven, Conn., Oct. 28, 1793. 

A patent was issued to Eli Whitney March 14. 1794. an<l 
sio-ned bv George Washington, President, Edmund Ran- 
dolph, Secretary of State and Wm. Bradford, Attorney 

General. . , , ^ . ,. ^ 

During some litigation over validity of the patent in the 
United States District Court in Savannah, Georgia, ib04 
a copv of the complete patent and specification a"d draw- 
ing was filed with the court. This copy was certified bv 
James Madison, Secretary of State. April 27, 1804, as 
shown by Fief. 2. ^ , . 

This copy, taken from the records of the Court, is given 
verbatim in the Appendix, marked Document H i-ig. 3 
is a photograph of the drawing, accompanying this cem- 
fied patent, and Fig. 4 is the certification of the whole set 
by the Deputy Clerk of the United States Court. 

These documents are now on file m the United States 
Court House, Savannah, Ga., and are believed to be the 
only authentic records of this patent in e>^'!t«'Y"- , ^hi ' 
original patent papers filed in the Patent Office by Whu- 
ney in 1793, were destroyed by the Patent Office fiie m 
,8^6. See Appendix, Document IV. As soon as poss.b e 
after this fire' Ihe authorities made efforts to obtain copies 
of all papers that were destroyed. It so happened, how- 




Fig. III. 



Original Certified Patent Drawing. 
Note that no saws are shown. 



UN,ri§STArESOFAMER,0^\ 

JSc^^^::^ DIVISION, p 



sou THERN DIS TRICT OF ^^^"9y/^j 



C^e^--^ 



H' 



~. Clerk of the 

Court of the Unite<f^'tate5 of America, for the Southern District of 

Georgia do hereby cerUfy that the Writing ann,.^A to this certflcate -^ ^-^trm cop^-- 



of 






IN WITNESS WHEREOF, I fm^ cmsed the seat of the said Court to be 



hereunto affiud. at tke Cilyf/O^--^ ^ .niUSouiUrn 

m '/M'f#'"\ "i ^ Oistrcct of Georgia, this /f^.. day of ^ r. 

fr^ PfWvy ^:^i ,nth^ year of our lord, one thousar^d eight hundred and ninetif^pf^ 

'^'~"" ^ ^ ^ ^ ,nd of the IruUmnMnee of th^ United Spates, the one hundred and 



% 






twenty 




'cj2ei^^^. 



Clerk. 



the frame, in such manner as to give room for the clearer on one side of it. 
finn the Hopper on the otlier.as ip fig.I-- Its height, af the machine as 
worked by hanc", should be a'pout three feet four indies: otherwise it,maj^ be 

Fig. IV. 
Crtifica.io. o, Whitney Patents, etc., lowing few lines of the documents attached. 



II 

ever, that thcv never secured tlie ccrLilicd ccpy on record 
in Savannah, Ga., l)nt they received from some source not 
shov.n on the records, on May 2, 1S41, wl'.at purported ia 
be a copy of the W'liitney patent. Figs. 5 and 6 are tlie 
drawings accompanying the document. The full text of 
the 184T specification is given in the x-Xppendix, Docum.nu 
III. 

It will be noticed in comparing this 1841 record with the 
original, that the original specification gives a much more 
detailed account of the method of constructing the gin, 
even to the extent of describing and illustrating the meth- 
od of cutting' the wire which was used for making tlie 
spiked teeth in the cylinder, and describing in great detail 
the method of inserting the bristles in the brush, andgivirj^ 
some alternate methods; and in all otlier cases referring to 
alternate methods, the particular alteniate methods are de- 
scribed. But the very clear and extended specifica'ion in 
the original makes no suggestion of an alternate method of 
constructing the cylinder, as for example, the use of circu- 
lar saws. Neither does the original drawing show any 
suggestion of saws. But the specification of 1841 con- 
cludes with a paragraph not found in the original, viz: 
"There are several modes of making the various parts r.f 
this machine, which, together with tlieir ])articular shape 
and formation are pointed out and explained in a descrip- 
tion with drawings, attested, as the Act directs, and lodged, 
in the Ofiice of the Secretary of State.'' 

There is a curious mistake noticeable in the drawing oi 
1 84 1, Fig. 5, that would surely indicate that Eli Whitney 
himself never even saw it; that is, the handle l)y which the 
machine is to l)e turned is applied the brush shaft, instead 
of the main cylinder, which is the way it is described in both 
the authentic and the substituted specification; and this is 
the only way it could be made to work in practice. 

Whitney's authentic specifications say, in describing th; 
brush, 'T\\ The clearer, C Fig. I, is constructed in tlie 
following manner: Take an iron axis, perfectly similar to 






/5J'/U5&-yJ^i«e& /- 



ra^cj2/edJrarJ4./rS4, 



-¥f'^- 




j;i:^:A^d. 



-jn-f:kj. 




Fig. V. 

Drawing Accompanying the Svibstituted Patent. 
Note that Saws are Shown on This Drawing. 



^/S/cccii- -/SAcei6 ff. 



/afej7/edJrar./4, /7S4.. 



^ry:S. 




j^i-y-.//. 



^■9:/^ 








^ : 





c 


)/ 



Fig. VI. 
Drawing Accompanying Substituted Patent. 



iLji'f.S 



-SFl-^:^. 



AW 




that described as extending through the cylinder, except 
that it need not be so large nor fitted for the app'.ication of 
a Vv'inch. 

Whoever made the drawing for the patent office af .er the 
fire, could not have understood the principles of the gin, 
oihervv'ise, this error ni placing the winch (or hand crank) 
could not have occurred. 

These substituted drawings have some of the features of 
the authentic patent drawings, besides some features of the 
gins that were built about 1841. They also embrace a 
number of features totally at variance with the princ'ples 
of Whitney's or any other gin. 

'ihe substituted drawings show sketches of saws, while 
there is nothing in the authentic drawings or spe:ifications, 
even ni the most remote way, suggesting the idea of a saw. 
These peculiar additions, which occur in the substituted 
documents, were evidently intended to establish a claim 
for Whitney for the invention of the saw gin, whereas the 
authentic patent papers amply refute such a claim. 

The substituted specifications, while being in the main 
a synopsis of the authentic specifications, omit all reference 
to drawings, either original or substituted. 

There were tried in the United States Court, district 01 
Georgia, zy suits for infringement of the Whitney gin pat- 
ent. Among the papers in the evidence introduced in th:se 
suits, is a certified copy of a patent for a gin, issued May 
12, 1796, to Hodgen Holmes of Augusta, Ga. 

A certified copy of this patent is given in full in the Ap- 
pendix, Document VI. 

No drawing accompanies the patent, and the specifica- 
tions are very meagre. The patent in itself does not in any 
way describe the fundamental operations of the gin, and 
does not state whether the teeth are made of wire or cut 
out of sheet metal in the shape of saws. The model which 
would demonstrate that, was burned in the Patent Office,. 
and has never been replaced. The records show that 
Holmes could not write his name, but made "his 
mark." It is natural, therefore, that his specifications, 
whicli had to be put in the inventor's own language, should 



15 

not be so clear as that of Whitney, who was a Yale gradu- 
ate, and who had the assistance of two Yale Professors, 
(Josiah Stel)l)ins and Elizur Goodrich) in the preparation 
of his papers. 

It is certain that Holmes was granted a patent, signed 
by George Washington, President, Timothy Pickering, 
Secretary of State and Chas. Lee, Attorney General. It is 
also certain that gins with saw teeth were in use al^out that 
time. In a book (Origin, Cultivation and Uses of Cotton) 
by \V. B. Seabrook, President Agricultural Society of 
South Carolina, published in Charleston in 1844, the au- 
thor says: "The Holmes machine was set up in the grisi 
mill of Capt. James Kincaid on Mill Creek in Craven (now 
Fairfield) County, South Carolina, in 1795, and is reported 
to have been the first of the saw gins used in that State." 

In the petition for injunction, filed in the United State-] 
Court, District of Georgia, by Whitney versus -^^'^J^^^^- 
and John Powell, March 16, 1804. (For full te>x" *" %^e-w;X 
pendix. Document V) defendants are chafged''^'jj^tjg^^f' 
fringements beginning 1800. In the petition ocj.t' -iiis 
language: "And it is also pretended . . . that tne ma- 
chine used ]^y th.em contains in it an nnprovement; . . . 
that is to say, teeth, cut into circular pieces of metal.'' 

A great deal of Whitney's correspondence has been pub- 
lished, in which the invention is disctissed; but previous to 
the letter by his partner Miller to Whitney, Feb. 15, 1797, 
no allusion wlv.itcv r is made to the saw principle. In this 
letter, Miller says:,'Tt will be best to take the deposition of 
Goodrich and Steb1)ins on the subject of ratchet wheels, 
which may hereafter be rendered useful." The words 
"r'ltchet wheels" refer to a description often used in cotiru 
in .{escribing ciu saws. This was on account of the simu- 
larity of the gin ^aw to the thin iron ratchet wheel used on 
tiie end of the wooden cloth roll of a hand loom to hold 
the cloth taut. The full text of tliis letter is given in 
A':^pendix, Documejit \'II. 

The only evidence adduced to prove that Whitney 



i6 

in^'enteu ilie uiw principle, is the deposition of some Yale 
College friends of Whitney's in New Haven, taken Nov. 7, 
1807, fourteen years after the first specifications were writ- 
ten. These depositions were taken by commission, at 
whose sittings the defence (though formally notified) were 
not represented. These depositions are now on file among* 
the Court recoirds above mentioned. They are all to the 
efifect that the saw was in Whitney's mind when he made 
the invention, although it was not mentioned in the speci- 
fications. 

This research and discussion is not intended as an im- 
peachment, even by insinuation of the characters of the 
New Haven witnesses, most of whom the records show to 
be men of importance and integrity; but it seems proper 
to call attention to the facts: 

1. That they testified to matters happening 14 years 
previously. 

2. That there were only two years intervening between 
the issuance of Whitney's patent describing the spiked 
ryh'nder and the is'^uance of the Holmes patent for the saw 
cylinder. 

3. That Whitney himself did at some early date make 
the gins with saws, and that it would naturally be hard to 
get the dates exact, after sO' long a time and at so great a 
distance. 

4. That the memories of these witnesses were amply re- 
freshed. In support of this last observation, dated Oct. 
15, 1803, is adduced a letter from Whitney to Josiah Steb- 
bins, one of the witnesses to whom interrogatories were 
addressed. In this letter, Whitney asks Stebbins to 
depose cv: lollov/s: 'T, Jos. Stebbins, etc., etc., do testify 
and declare . . . iliat in the autumn of 1793 

the t sail Whitney repeatedly told me that he had orig- 
inally contemplated making a whole row of teeth from one 
plat: or piece of metal + + 4- I hope yon will be able 
to call to mind the circti7}ista7ice vientioiied above + +." 
The full text of this letter is given in Appendix, Docu- 



17 

ment VIIL The fact that the depositions of most of the 
other witnesses examined were substantiaHy in the lan- 
guage of this letter written by Whitney to Stel)bins, seems 
to afford reasonal)le ground for stating that the memories 
of the other witne^-ses were similarly refreshed. 

Wlien the case versus Fort and Powell came up fur finrd 
adjudication, the Court gave a decree for perpetual injunc- 
tion. Prof. Olmstead quotes the text of the decree, in 
which occurs the following language: "A Mr. Holmes lias- 
cut teeth in plates of iron, and passed them over the cylin-- 
der. This is certainly a meritorious improvement in tlie 
mechanical process of constructing this machine + + + . 
Whitney may not be at lil)erty to use Air. Holmes' iron 
plate, bul certainly Mr. Holmes' improvement does not 
destroy Mr. Wliitn.ey's patent right." 

The defence in all of the extensive litigation over the 
patent in Georgia, consists principally in claiming that 
there was a prior invention. The witnesses mostly relied 
upon to prove this were Dr. John Cortes Dyampert of Co- 
lumbia County, Georgia, and Mr. Roger McCarthy of 
Chatham County, Georgia. The former swore he saw a 
machine "somewhere in the Domains of the King of Prus- 
sia" in 1773, used for making Hnt in hospitals. McCarthy 
swore he saw something siniihu* in 1790 or 1791. But it 
developed on cross-examination, and on the introduction 
of numerous other witnesses, whose depositions are on file 
amopg the Court records, that these machines were on en- 
tirelx (lili'ercni princij^iles, and used for other purpose^. 
There were no means of separation other than gravitv in 
any of these machines, and they were all for beating and 
cleaning linl after seed liad ])cen removed. 

It was finally admitted by the defence that Whitney's 
invention was new, but that the infringing machines were 
made before AMiitney's model was publicly exhiljitcd, or 
before it was publicly announced that he had a patent. 

.See Fort's answer in Whitney vs. Fort and 'Powell, U. 
S. Court, District of Georgia, Dec. 17, 1805, Appendix,. 
D( en ment V. 



i8 

There is a widespread allegation tbat "Whitney was bad- 
ly treated in the South." This seems to rest on the rumor 
that his first model was stolen h'om his shop at Mulberry 
Grove, Ga., that copies of it were widely made and use-l 
without license, that his witnesses failed to appear at the 
trials, that the South Carolina legislature after agreeing 
to pay him for the patent, afterward rescinded its action; 
and finally that there was a conspiracy among the cotton 
planters to invalidate his patent. 

As to the burglary of Whitney's shop, and stealing of 1us 
models, there is not a word in the voluminous records of 
evidence in the infringement suits, extending over 13 
years. Neither is any mention made of it in his pub i lied 
correspondence. This seems conclusive proof that the 
story is of subsequent and spurious origin. 

The facts regarding W'hitney's experiences with the 
legislature of South Carolina, have l;een carefully investi- 
gated, and an abstract of the State House Records on ths 
subject is given in the Appendix, Document IX. 

An ex^.mination n\ these papers sliows that Dec. 10, 
1801, at the close of the session, the legislature passed a 
bill purchasing the Whitney patent right for the State f r 
$50,000, agreeing to pay $20,000 in cash, and the remain- 
der in three ecpial annual installments, ]M-ovided Wdiitney 
would make "within a reasonable time" two models oi his 
gin, in h's very besl style, and file liiem for public inspec- 
tion in the State capitol, and provided further, that Whit 
TxCy should refund ?;' the amounts previously collected for 
license in the State. The cash payment was prompt] v 
made. But AAdiitney did not, within two years comply 
with either recpiirement. The legislature in 1803 declared 
the contract forfeited, and provided for entering suit fc-- 
the recovery of the first payment. This action brougiiL 
the final fulfillment of the conditions on the part of Whit- 
jicy, in 1804, and fi'.cn the legislature of 1804 ordered the 
suit disco, ilinued ar.d reinstated the contract in accord- 
ance Avitli wl:ich the deferred payments were promptly 
made. 

The legislature of North Carolina in Deceml)er, 1802. 



19 

bought the patent right for that State, and agreed to pay 
for it by a special tax of 2 shilHngs and six pence on eacli 
saw used in a gin within the State for four years. This tax 
was prop'v'y coUerudand turned over to the inventor, 
amounting to aljout tliirty thousand dollars. 

Whitney's plan in Georgia, as shown l)y his letters 
:in(l otiic" e\i(lence was to own all the gins and gin 
v\\ the -^^otton made in the country. It is but human 
nature ^hat this sort of monopoly should be odious 
to any community; and when to this is added the fact, (as 
shown by letters to Whitney in Connecticut, from his part- 
ner Miller in Georgia^ that Whitney and Miller could nor 
supply the demand for gins, it seems natural that there 
.diould hc: -e been mr.ch infringement. After the gins were 
introduced in 1794, t here was a large cotton crop made for 
the next reason, on the presumption that it could be pre- 
pared for the market on the new machines. But when the 
crop was gathered,, and the gins were not forthcoming, 
many planters had rude gins made in their own 1)lacksmith 
shops. From this circumstance, arose the rumors that the 
various workmen who made the gins were the original in- 
ventors. One of the traditions crediting the invention to 
Jesse Bui! r>f Columbia County, Ga , (afterwards of La- 
Grange, Ga.,) arose from the circumstance of a gin having 
been made for Bull by one of his employees, Nathan Lyons. 
It is said that when the first Wdiitney gins were in use in 
the count rv, no one but women were allowed to see them, 
and that Nathan Lyons, disguised as a woman, saw the 
gin and copied it. 

This legendary story has no authentic foundation. The 
voluminous evidence in the infringement suits nowhere re- 
fers to such an incident. 

Quite a number of legends about the invention of the gin 
have no foundation whatever in fact. For example, the 
pleasant little story about the gin l)rush being suggested 
l.>y the lady with her turkey tail fan. 

Lading aside all legendary stories, it apppears that the 
real f'lcts about the cotton gin are: 

I. Fli Wh'tnev, of ^Mass., a s^raduate of Yale College, 



20 

invented a cotton gin, consisting" of spikes driven in a 
wooden cylinder, and having a slotted bar through which 
these spike teeth passed, and having a brush to clear the 
the spikes. He obtained a patent ]\ Larch 14, 1794, signed 
by George Washington, President, Edmund Randolpli, 
Secretary of State, and W'm. Bradford, Attorney General. 

2. Hoclgen Holuics of Georgia, an uneducated mechan- 
ic, invented an improved gin, using circular saws properly 
spaced, passing through spaces l:)etween ribs. For this 
invention he obtained a patent May 12, 1796, signed by 
George Washington, President, Timothy Pickering, Sec- 
retary of State and Chas. Lee, Attorney General. 

3. \\diitney's invention, consisting of a combination of 
a wooden cylinder, cnrrying annular rows of wire spikes^ 
with a slotted bar and clearing brush was fundamental 

4. The practical application of the fundamental idea \\ as 
Holmes' invention of the saw gin, ^vilich consisted of a 
mandrel or shaft cairying collars separating circular saw^s 
which pass through narrow spaces between ribs. 

5. Whit ney went South utterly impecunious. He re- 
ceived from the Southern States the following amounts: 

From South Carolina $50,000 

Froiu North Carolina, (at least) 30,000 

From ^i ennee-see, (about) . . 10,000 

Total royalties from Southern States, certainly 

as mticli as $90,000 

At that time, this was a fortune. 

6. In Georgia, his firm (Miller & Whitney) attempted 
to monopolize the ginning business. This brought on 
long and vexatious litigation, and the object was nevei* 
successfully accomplished. 






Z^f^'/i/ 







qJ^^i4^^^^^ 



'y /^Jy/ 







^Zx-^^^T^^^' 







c^^J^^::^-^-^ 









<ii*/^-^«-'^^ 







^ 5 / /^.^^c^ //^'-^ 





Fig. VII. 
Eli Whitney's Autograph. 



APPKNDIX. 



Containing DoctimentB Relating to 

tlrie Early History of the 

Sa>?v^ Gin. 



23 
Document I. 

LIF.T OF SIUITS FOR IN^FRTXlGiE- 
MRINT L^iND DAMAGElSl BR!0>U'GHT 
BY W'HITNiEY IN UNITlED iSlTATES 
DTSTIRICT COURT, SAVANNAH, 
GA. 

Edward Lyons, 1795, non-suit, 1798. 

Wm. Kennedy & Co., 1795, verdict for 
defendant. 

Fred Ballard, 1798, non-suit, 1799. 

McKinney & Co., 1801, dismissed, 
1804. 

William Clark, 1801, non-suit, 1803. 

John Morrison, 1801, defendant dead. 

William Byrne's, 1801, non-suit, 18C3. 

John W^alker, 1801, non-suit, 1804. 

Cha.s. GiaiC)h;-t, I'SOl, non-suit, 1803. 

Isaialh Carter, 1801, non-suit, 1803. 

Wm. Few, 1801, verdict for defend- 
ant. 

John Davis, 1801, non-suit, 1803. 

Sam'l IDevereux, 1801, not served. 

giolo'mon Marshall, 1801, settled. 

Arthur Fort, 1801, not served. 

James Moore, 1801, not served. 

Ignatius Few, 1801, not served. 

iSam'l Higginbotham, 1801, non-suit, 
1803. 

Jonathan Embree, 1801, non-suit, 
1803. 

'Henry Keebler, 1801, non-suit, 1803. 

D. W. E-asley, 1801, non-suit, 1803. 

Silus Grigg, 1801, not found. 

Arthur Fort, 1801, non-suit, 1803. 

Arthur Fort and John Powell, 1804, 
decree for perpetual injunction, Deic. 
19th, 1806. 

Chas. Gachet, '1806, verdict for $1,- 
500, May llth, 1808. 

Isaiah Carter, ISaS, verdict for $2,- 
000, May 10th, 1808. 

Wm. Byrnes, 1807, judgment by de- 
fault, 1811. 



24 



Document II. 

CERTIFIED COPY OF THE ORIGI- 
INAL PATENfT SPECIFICATIONS 
FILED IN THE PATENT OFFICE 
BY ELI WHITNEY, 1793-4. 

This paper is now on file in the United 
(States Court House, Savannah, Ga. 



(NOTE.— Corresponding- clause occur; 
at the end of this paper.) 



Document III. 

COPY 0(F SPECIFICATIONS FILED 
WITH THE PATENT OFFICE IN 
11841, AFTER THE FIRE. THIS 
PURPORTS TO BE A REPRODUC- 
TIOiN OF THE ORIGINAL PAPERS. 
IT IS PRINTED IN PARALLEL 
;COLU^5lN, SO IT MAY BE COM- 
PARED WITH THE AUTHENTIC 
COPY. 

This paper is now on file in the Patent 
Office at Washing"ton. 

UNITED STATES OF AMERICA. 

To all i:o whom these Lepj>eris Patent 

shall come: 
WHEREAS, Eli Whitney, a citizian of 
the United States, hath aileg-ed that he 
has inviented a new and useful im- 
provement in the m'ode of spinning co«t- 
t(jn, which improvemeait he stiates has 
n'ot been known or used before hi'S ap- 
plication; hath made o^a! h that he does 
verily believe i-h&t he Ls tne true inven- 
tor or discoverer of the said iimiprove- 
'ment; hath paid into the Trefasury of 
the United States the su'm tof thixity do'- 
lars, 'deliviened a receipi* for the same, 
and presented a petition to the Secre- 
itary of State, signifying- a desire of ob- 
taining- an exclusive property in the 
sLiid impro'vement, and praying that> a 
patent may be granted: THESE ARE 
THEREFORE to grant. accordin,g- lo 
law, to »t,he said Eli Whitney, his helns, 
administrators or asisigns, for i-he term 
of fourteen years from the sixth day of 
November lai.?t, the full and exclusive 
right and liberty of making, construct- 
ing, usiing, vending- to others t) be used, 
the said im.provements; a description 
whereof its g-iven in the w^ordte of the 
said Eli Whitney, hi'mself, in the sched- 
ule her€t''o anmexed, and is .made a pari 
of these presents. 

In v»2Sti'mony whereoif I hiave caused 
these Letters to be miade Patent, and 
the Se'al of the Uni»ted States to be 
hereiun'^j affixed. 
GIVEN under my hand, at the City of 
Philadelphia, this fourteenth day of 
March, in the year of our Lord one 
thou^iand, seven hundred and ninety- 
four, aind of rjhe Independe'nce of the 
United Slates of America the eigh- 
teenth. 
(Seal.) 

G. WASHINGTON. 
EDM. RANDOLPH, 
Secretiary of State. 



Unit INSTATES OF Aivieric/k\ ^ 

.^ c^^c^:ZZ^ DIVISION, ) ^^ 

sou THERN DISTRICT OF GEORG^j/^ 

■Georgia, do hereby certify that the Writing annexed to this certificate 

/^^ yfPrespective original now on0t, and remaining on record in my offices-^ 





Clerk of the 

tales of America, for the Southern District of 

."^^r-r—trwe cop^ . 

of 



IN WITNESS WHEREOF, I have caiised the seal ufUie said Court to be 
hereunto affixed, at the Cily/wCty^::^-^^-^ ^ ^^^ i^^ Southern 



mBmM 









District of Georgia, this /^/L^ day of ^^'^'=Y ■ 

in the year of oar Lord, one thousand eight hundred and nineti/^^^^ 

and of the Ind^ptndenee of the United States, the one hundred and 

twenty^^<^^<^ A 

cj^ej^.*^^, ^^-''y^-^ ^ Clerk. 




the frame, .n such n.a,.ner as to give roon. for the clearer on one s.de of » t. 
«nd the Hopper on the other,«. .. fig.j.- u, s height,, f the machine .s 
worked by hanc^ sno.Ia be a-^out three feet four inches: otherwise it,rr,a, be 

Fig. IV. 
Certification of Whitnej- Patents, etc., showing few lines of the documents attached. 



26 



ORIGINAIv PATENT. 



SUBSTITUTED PATENT. 



A description of a new invented cot- 
ton gin, or machine for cleansing and 
separating- cotton from its seeds. | 

'This :machine may be described under 
five divisions, corresponding to its five 
principal parts, viz: 1. Frame. 2. The 
Cylinder. 3. The Breastwork. 4. The 
Cleaner. 5. The Hopper. 

1. The frame, by whidh the whole 
work is supported and kept together, 
ought to be made of well seasoned 
timber, so Ihat it may be firm and 
steady, and never become loose in the 
joints. Scantling four inches by three, 
will perhaps be stuff, of ais siuitalbre size 
as any. The frame should be of a 
square or parallelogramic form, tihe 
width must answer to the length of 
the cylinder and the height and length 
m,ay be proportioned as circumstances 
shall render convenient. 

In the drawing annexied, F>lg. 1, is a 
section of the maclhine. A represents 
the cylinder, B the breastwork, C the 
cleaner and D the hopper. 

2. The cylinder is of wuod; its form 
is perfectly described by iits name, and 
its dimensions may be from six to nine 
inches diameter, and from two to five 
feet in length. This cylender-cylender is 
placed horizontally across the frame, in 
S'uch manner as to give irocm for the 
cleairer on one side of it, and the ^hopper 
on the other as in Fig. 1. Its height, if 
the machine is worked by hand should 
be about three feet four inches; other- 
wise it may be regulated by conven- 
ience. In the cylender is' fixed an iron 
axis so large as lo turn in tfhe lathe 
without quivering. The axis may pa.ss 
quite through the cylender 'or con'S'St 
only of gudgeons, driven wilh cement 
in each end. There must be a Sihoul- 
der at C, Fig. 2, on each side the bear- 



City of Philadelphia, to- wit: 

I do certify that the foiregoing Le'- 
ters Patent were delivered to me on 
bhe fourteenth day of March, in ithe 
year oif our L'ord one thousand, seven 
hundred and ninety-four, to be lexiaim- 
ined; that I have exiamined the same, 
and find them co'ri:ormaDie to law; and 
I do hereby re:<UTn the isaim.e tb the Sec- 
re ta^ry of Stiate w:»:hin fifteen days from 
the date -aforesaid, to- wit, on this four- 
teenth day of A^faroh, in i»he year aflore- 
said. 

WM. BRADFOR^D, 
Attorney General of the United Stales. 

The schedule referred to in these 
letters patent and making part of the 
same, containing a description in the 
words of the said Eli Whitney hims-elf 
of an improvement in the mode of gin- 
ning cotton. 

A short description of tIhe machine 
invented by the subscriber for ginning 
cotton. 

The principal parts of this machine 
fare 1st, the fro'me; 2d, the cylinder; 3d, 
the breastwork; 4th, the clearer and 
5th, the hopper. 

1st. The frame by which the whole 
work is supported and kept together. 



is of a square or parallelogTa;mic foirm 
and proportioned to the other parts as 
may be most convenient. 



2d. The cylinder is of wood, its form 
is perfectly described bv its name, and 
its dimensions may he from six to nine 
inches diameter, and from two to five 
feet in length. The cylinder is placed 
horizontally a.cross the frame, leaving 
room for the clearer on one side, and 
the hopper on the other. In the cyl- 



inder is fixed an iron axis which may 
palsis quite thnough, or cionsists only of 
gudgeons driven into each end. 
There are sho'ulders on this axis, to 



27 

ORIGINAL PATENT. SUBSTITUTED PATENT. 

ing- or box to prevent any h)oriz'ontil prevent any horizontal variation, and i: 

variation in tiie cylinder. T'lie h'^p'r- 

ins's o'f the axis .or those piarts which 

reist on tthe doxies must be rounded in 

a lathe, so that the centre of the axis 

may coincide with the centre of the 

cy lender. One end of tlhe axis should extends so far without the frame as 

extend so far ui'hout the frame as to to admit a winch at one end, by which 

admit the winch, by which it is turned, it is put in motion, and so far at the- 

to be connected with it ait C, and so far other end as to receive the whirl by 

at the other end as to receive t/he whirl which the clearer is turned. The sur- 

designed for putting- ihe clearer in mo- 
tion. The brass boxes, in which the 

axis of the cylender runs, consisb 

each of two parts, C and iD, Fig. 7. 

The lower paa^t, D, is sunk into th- 

wood of tlhe fram.e to keep it firm, and 

mo lion less and the uipper p^art, C, 

is kept in its place by two small iron- 
iron bolts, H>H, headed on the lowerend 

at H. These bolts are inserted into the 

under side of the rail or scantling of 

the frame and continued up throug'h 

both parts of the box. A portion of 

tht bolls as H, A, should be square, 

to prevent them from turning. The 

upper part of the box, C, is S'crevved 

down clo'se with a nut on the end 

0'-; each bolt. At E, is a perfora.ion to: 

conveying- oil to the 'axis. After the 

cylinder with ^'■'^ axis is fitted and 

rounded with exactness, the circular face of the cylinder is filled with teeth^ 

part of its surface io filled with teeth set in annular rows, which are at such 

set in annular rows. Tne spaces D, E, a distance from each other as to admit 

F. G, H, Fig". 2, between the rows a cotton seed to play freely in the 

of teeth must be so lar^ge as to admit a space between them. The space be- 

cotton seed to turn around freely in 

the«m every w.ay, and ought not I'o ce 

less than seven-six'.eenthis of one inch. 

The spaces K, L, M, N, &c, Fig. 1, b:- .t^een each tooth in the same row, is 

tv.-een the teeth, in the same row, must go small a,s nob to admit a seed, nor a 

be so small as not tio admtit a , seed or .a half seed to enter it. These teeth are 
'half seed. They ought not to exceed 
one- twelfth of an inch; and I think 
about one-sixteenth of an inch ithe best. 

The teeth a.re m.iaide and set in the To!- , . ,.„ . . ^ . . . , 

lowing nmnner: Take common iron made of stiff iron vvire, driven into the 
wire, ahout No. 12, 13 «r 14, driaw it ''''^°^ ^^ ^'^^ cylinder, 'iho teeth are 
about three sizes less, withoutnealing-in 
•order to stiffen it. Cut it into pieces four 
or five feet in lemg'th and straighten 

thfim. Steel wire 'would perlhiaps ce best 
if it were no't too expensive. 

Then with a machine, somewhat like 
ithat used for cutting nails, out the \^■ir■^ 
into pieces about one inch long. In the 
jaws of this machine at O, Fig. 10, 
•are fixed the two pieces of isteei D, D, 
which 'are pressed tog-ether, as may be 
observed from the figure, by the o.pera- 
tion of a compound lever. These pieces 
of steea are s-o seit in, that upoin being 



ORIGINAI, PATENT. 

^pressed togethei-, their ap pro a dhing- sur- 
faces, meet only on one side next to D 
I), leaving: between tihiem a wedge lik? 
opening, which enlar'ges ,ais the 'd:.stanc3 
fncm the pLace of con tacit increases. On 
the iside, D, D, labout O'ne inch distant 
from tihe place of contact, is fixed a 
g^uage. The wire is inserted on the side 
opposite D, D, and thrust thrij' ito ths 
gi-<age. Then on forcinig down the lever 
the Wire is separated, leaving that ^nd 
of. the wire ntxt the side D, D, cut 
smoothly and transversely >off, ,and the 
end of the other part flattened like a 
wedge. 'The fattensd end ;s then thrust 
forward to the guage and the same op- 
eiatio'n is repaaited. In this manner thr- 
leeth are cut of equal lengvh. with one 
end flattened and the other cut direeUv 
olf. Flatting one end 'of the wir'e is ben- 
eficiial in two ways: 1. The flatted 
•eiids of the teeth are driven into th- 
wood with m.o-re e'ase :and exactness. 2. 
It prevents them from turning-turninc^ 
after they are set. To prevent the wireS 
from bending whi^e drivin?, they are 
holden with pliers the jaws of Vh-ch 
ought to be about half an inch in widfn 
■with a corresponding transverse gpoove 
m each jaw. Thus holden. the ie-^h 
are, with a light hammer driven, on^ 
by one. into tlhecylender. perpendir'ul-ir- 
l.v to its axis. Then WMth a tool, lil^^ 
a cTiisel oir common screw driy=r eiach 
tooth is inclined di'rectlv towards Mie 
tangent to that po'imt of the circle intj 
which it is set, till the inclinatlb'n is 
such that r.he tooth and /tiangent form 
en airtgle of aboiut 5'5 or 60 degrees. If 
this inclinafion be greater the teeth 
will not take suflic'ent .hold of (th- p v- 
toii. If it 'oe less there wiU be more dT- 
fi^-utly 'in disengagin,g the cotton from 
tne reeth, afrer iit is separated from th- 
se'^'os. 

"^.Vhen the .eeth ?.re all .get they shorM 
becut of an equal length. In order for 
to IS. taike a crooked guage, Pig 8 
having two prorgs, Q, 'R. the curvatuve 
O'^ whieh^ corre'sponds wirh that of the 
cylinder. This -ua.-e is mer-ly a crook- 
ed fo.rk, the thickness of whos^^ pron^^ 
or tires, .^s represented b-'-wo,Pn ^w 
ar-d T Fi'g. 9. enual'zes the length 
■->f the teeth, and is pppiied to th- 
cylinder, with one 'tine on each 
iside of an annular row. IW'th a 
pair of cutting pliers, cut the iteeth t ■>. 
•-! and 6. off even with the guq^-^ 
then Slide Itaiong to 6. 7. 8. ,&c and 
so proceed till you have trimmed all 
the peth to an eonal lene-th. This donp 
put the cylender into a lathe ahd ^^i^h 



SUBSTITUTED PATENT. 



all inclined the same way and in such 
a manner, that the angle included be- 
tween the tooth and a tangent drawn 
from a point into which the tooth is 
driven, will be about 55 or 60 degrees. 
The gudgeons of the cylinder run in 
brass boxes, each of which is in two 
pans, one of which is fixed in the wood 
of the frame and the other is confined 
down upon the axis with screws. 



29 



ORIGINAL PATENT. 

a file brin'g- the teeth to a kind of an- 
g-ular point, resembling a wire flatted 
and cut obliquelj'. After the tes'.Ti are 
broug-hi to a proper shape, smooth 
them with a polishing- file and the cyl- 
ender will be finished. 

Remark. Though the dimensions of 
the cylender may be varied at pleasure, 
yet it is thought 'that those descriloed 
are the best, being more easily made 
and kept in repair, than those of a 
larger size. The timber should be 
quarter stuff, i. e., a quar'te'r of the 
trunk of ihe tree, otherwise it will 
crack in seasoning. It must also be oi 
wood of an equal density, such as 
beech, maple, black birch, &c. In oak 
and many other kinds of wood, there 
are spaces between the grains which 
are not so hard as the grains them- 
selves; and the teeth driven into these 
spaces would not stand sufficiently 
firm, while the grains are so hard as 
to prevent the teeth fro'm being driven 
without bending. 

3. The breast wo'ik. Pig. 2, and B, F,!g. 
1 and Fig. 2, is fi^ed above the cylender 
parallel and contiguous to the same. 
It has transverse grooves or openings 
1, 2, 3, 4, &c., through which the rows- 
rows of teeth pass as the cylender re- 
vclves: and its 'use is to o/bsitruei 
the seeds 'while the cotton is car- 
ried forwiaxd through the gro^ovts 
by the teeth. That side of the breast- 
work next the cylinder should be made 
of brass or iron, that it may be the 
more durable. Its face or surface A, 
X. Fig-. 1, ought to make an angle with 
the tangent X, Z, less than 50 degrees. 
A tooth in passing from K up to the 
breasit"work B, fastens itself upon a 
certain quantity of cotton, which is 
still connected wiLh its sesds. The 
seeds being too large to pass through 
thebreastwork are there stopped, while 
the cotton is forced thro' the groove 
and disengaged from the seeds. Xow 
if the -po'int of the looth enters the 
groove before the root, or that part 
ntxt the cylinder it carnies through 
all which it has collectied in cciming 
from K; but if the root of tn? 
tooth enter the groove before the 
point, part of the cotton fastened on it, 
will slide off, and this latter case is 
preferable as it helps to give the cot- 
ton a rotary motion in the hopper. The 
thickness of the breastwork, or the 
distance from A to I, Fig. 1, should be 
about 2% or 3 inches, in proportion to 
the length of the cotton. It should be 
such that the cotton which is carried 
through by the teeih may be diseon- 



SUBSTITUTED PATENT. 



3d. The breastwork is -fixed above 
the cylinder, parallel and contiguous 
to the same. It has transverse grooves 
or openings through which ihe i owr of 
teeth pass as the cylinder revolves and 
it'.i Uise is to obstruct the seeds while 
the cotton is carried forward through 
the grooves by the_.j:eeth. 'The thick- 
ness of the breastwork is two and half 
or three inches and the under side of it 
is made of iron or brass. 



30 



ORIGINAI, PATENT. 



SUBSTITUTED PATENT. 



nected from-fro'm that which is left in 
the hopper, before' it leaves the groo'ves, 
otherwise that which is carried partly 
through the breastwork will be by the 
motion of that with which it is con- 
nected in the hoppeir b^ecome so collect- 
ed and knotted at I, as to obstruct and 
bend the teeth.** 

'The under part of the breastwork 
next the cylender, ought, as hais bi'lJ-ae 
been observed, to be made of iron or 
brass. It m.ay be cast either in a solid 
•piece and the openings for the passage 
of the teeth cut with a saw and files, 
or in as many parts as there are 
spaces between the several rovvs of 
teeth in the cylender and in for'm of 
Fig. 12, and the pieces set, fby means 
of a shank or tenon, in a groove run- 
ing lengthwise along the wooden part 
of the breastwork. 

The brea&twork described, if proper- 
ly constructed, will it is thought an- 
swer every valuable purpose. But I 
shall mention one of a different con- 
struction which I have used, with suc- 
cess, and is made in the following 
manner: 

Form a breastwork of the same 
shape and dimensions as the one be- 
fore described, entirely of wood. PLace 
a bar of wood one inch below the cyl- 
ender and parallel to it, then witlh straps 
'Or ribs of iron, brass or tig. plate con- 
nect the breastwork of -of wood w'iththe 
bar 'belbw. 

T.'he ribs or straps must be so ap- 
plied as to sit close to the surface of 
the cylender between the wooden 
breastwork and the bar, and if of a 
width that will per'mii them to wo -•.•)< 
.'fre el y b e t wi? enl c he' ann u Lar'lroiws of te e t h . 
That end of e.ach stra.p which is fas- 
tened to the breastwor'k should divide 
widthwise into two parts, one of which 
should pass alo'ng the lower surface of 
the breastwork, and the other run up 
its front. In Fig. 14, B, is the wooden 
breastwork. (D, the bar below the cyl- 
ender, the dotted circle B, B, the cylen- 
der E, E, the ^trap C, the place 
where the strap divides, and A, A, A, 
wood screws or nails with whic'.h the 
strap is made fast to the bar and 
breastwork. 

4. The clearer C, Fig. 1. is construct- 
ed in the follbwing miar.ner: Take tin 
iron axis perfectly similar to that de- 
scribed as extending through the cyl- 

**If the perforation aibout 3-16 of an 
inch be made through the breastwork 
at the upper part or end of each 
groove, the metal part need not be 
mo.re than % of an inch thick. 



4th. The clearer is placed horizon- 
tal with and parallel to the cylinder. 
Its length is the same as that of the 
cylinder, and its diameter is propor- 
tioned by convenience. There are itwo, 
four or more brushes or ro'ws of bris- 
tles, fixed in the surface of the clearer 



31 



OKIGINAI. PATENT. 

erder, except that it need noit be so 
large nor fitted for Lhe application ol; 
a vvin'Ch. Frame together ci^osswise 
at right angles two pieces of timber of 
suitable size and ol a length about 
equal to the diam.eter cf the cylenders, 
so as t'O make the four arms equal tn 
length, afnd insert the axis through the 
centers O'f uvo cro.£lseis or frames of th"s 
kind. Let their distance from each 
•other 'be one- third of the length 'of 
•the cy lender and m'ake tihem fast on 
the axis. 'The arm/s of the two crosses 
are then connected by four pieces, of 
the sianie length of the cylender, equi- 
distant from the axis, and parallel to 
lhe same, and to each other. In each 
of the parallel pieees, on the outside 
or side opposite the axis, a channel is 
m.ade leng-thwise for the rece'ption of 
a brush. The brush is made of hog's 
bristles, set in a manner some'vvhat 
sim.ilar to that of setting the reeds in 
a weaver's sleigh. Between two strips 
of wood about % of an inch in thick- 
ness and half an inch in breadth, is 
placed a small quantity of bristles, 
then a strong thread or twine is wound 
round the sticks, close to the bristles, 
then another quantity of bristles is 
inserted, etc., till a brush is formed, 
equal in length tO' the ■cylender.* 

The bristles on the .side A, A. Fig. 6, 
are smeared with pitch or rosin and 
seared down with a hot iron even with 
the wood, to prevent them from draw'- 
ing out. On the other side they are 
cu'. vVich a chisel to the length of aibout 
one Inch from the wood. A brush of 
this kind is fixed in each of the before 
mentioned channels. 

The boxes as well as axis of the 
clearer, are like those of the cylender, 
parallel to it and at such a distance, 
that while it revolves the ends of the 
bristles strike with a small degree of 
friction o-n the cylender's surface. Its 
use is to brush the cotton from the 
teeth after it is forced through the 
grooves and separates from its seeds. 
It turns in a direction contrary from 
that of the cylender, and should so far 
outrun it, as completely to sweep its 
whole surface.** 



* (Perhaps nailing these Straps t o- 
gether would be better than winding 
them with twine.) 

**(The brushes may be fixed in a 
stock which is movable by screws so as 
to bring them nearer or carry them far- 
ther from the eylender.) 



SUBSTITUTED PATENT. 

in such a manner that the ends of the 
l)iist:es will sweep the surface of the 

C'ylinder. 



Its axis and boxes are similar to 
those of the cylinder. It is turned by 
means of a band and Whirls, moves in 



a con\trary direction from the cylinder 
by which it is put in motion, and so 
far outruns it, as to sweep the cotton 
from tjhe teeth as fast as it is carried 
throug-h the breastwork, Tne peri- 
phery of the whirls is spherical and 
the band a broad strap of leather. 



32 

ORIGINAL PATENT. SUBSTITUTED PATENT. 

A clearer with two brushes may be 
made by simply screwing- upon the 
axis the board K, Fig. 4, and another 
similar board on the opposite side, 
whi'Ch leav'e spaces for the insertion of 
the brushes, S, S. The cleaner may be 
also formed of »a cylender with igrooves 
running lengthwise in it for the re- 
ception of the brushes; or in any other 
way, which may be found convenient. 
The number of brushes in the clear- 
er is not material; but let it be ob- 
served that the distance from E to E, 
Fig. 1, between the brushes, must be 
at least 4 or 5 inches, otherwise the 
cotton 'Will wind up 'round the clearer. 
The surface of the clearer moving 
much faster than that of the cylender, 
the brushes sweep off the cotton-cotton 
from the teeth. The air put in motion 
by the clearer, and the centrifugal 
force of the cotton disengage it from 
the brushes. Note. It is best to set 
the brushes in the grooves in such a 
manner, that the bristles will make an 
angle of about 20 or 25 degrees, with 
the diameter of the clearer, in the di- 
rection E, O, Fig. 1. By that means 
the bristles fall amore perpendicularly 
on the teeth, strike them more forci- 
bly, and clear off the coti'on more ef- 
fectually. 

The clearer is put in motion by the 
cylender, by means of a band and 
whirls. These whirls are plain 'wheels 
of solid wood, a.bout 2% or 3 inches 
thick, their periphery is a spherical 
surface swelling at the centre, and 
and sloping off at the edges. To give 
them a proper shape, take a perfect 
globe of the same diameter as your 
intended whirl; inscribe upon it a cir- 
cle dividing it into two equal parts; 
then cut the globe on each side, paral- 
lel to the plane of the circle, and at 
the distance from it, of half the thick- 
ness of your whirl. On these whirls 
runs a leather band, the bread:,h 
of which answers to the thickness of 
the whiirls. The banid may be broader 
or narrower and the whirls thicker or 
thinner in proportion as the resistance 
to be overcom.e is greater or less. The 
reason for giving-igiving the whirls this' 
shape ifs to .secure 'th'e;m the better 
from being unhanded. A band of this 
kind always inclines to the highest 
place on the whirl, and is much less 
liable to be cast off from the work, 
when it runs on a special surface, than 
when it runs in a groove in the peri- 
phery of the whirl. 

The whirls are four in number and 
must be so arranged as to make their 



33 



ORIGINAL PATENT. 

central planes coincident. The whirl 
?d;, Pig-. 3 is fixed upon the end of the 
axis of the cylender wibh'out the frame, 
and the button A, Fig-. 5, is screwed 
on with the screw driver, B, to keep 
the whirl in its place. L. is put upon 
the axis of the clearer io the same 
manner. P, Q, whose axes are pivoiia 
made fast in the frame, are false 
whirls added for two purposes. 1. 'To 
make the clearer turn in a contrary 
direction from the cylender. 2. For t:he 
purpose of doubling- the band more 
codnpletely round the small whirl L, 
so as to bring a greater portion of the 
whirl's surface into contact with the 
band, increase the friction and conse- 
quently turn the whirl more forcibly. 
The first of these purposes might be 
accomplished by the addition of one 
false whirl, but the second not so ful- 
ly without two. The dotted line W, V, 
represents the band. The diameters of 
the whirls E, L., siboiuld be so-iSo pro- 
portioned as to produce a proper de- 
gree of velocity in the clearer. The 
axis of the whirl Q, is fixed in a plate 
of iron, which is movable in a groove 
in the side of the frame and the band 
is made tighter or looser by moving 
the plate. This arrangement of whirls 
produces the same movement as a cog 
wheel and pinion, with much less fric- 
tion and expence, and without the rat- 
ling noise, which is always caused by 
■fhe quick muiion of cog wheels. 

5. One side of the hopper is formed 
by the breastwork, the two ends by the 
frame, and the other side is movable 
so that, as the quantity of cotton put 
in at one time decreases, it may slide 
up nearer the cylinder, and make the 
hopper narrower. This is necessary in 
order to give the seeds a rotary mo- 
tion in the hopper, by briniging them 
repeatedly up to the cylinder till they 
are entirely stripped of the cotton. D, 
Fig. 1, is a section of the -movaible part 
of the hopper. The part from H to I 
should be concave on the side next the 
breastwork, or rather it should be a 
portion of a hollow cylender. Between 
H and Y, is a crate of wire through 
which the sand, and the seeds as soon 
as they are thoroughly cleansed, fall 
into a re'ceiptacle bel/o.w. The crate 
may be either fixed in the-the frame 
or connected with the 'mov'alDle part of 
the hopper. The wires of which the 
crate is made should be large and 
placed perpendicular to the cylender, 
that the cotton may turn the more 
easily in the hopper. 



SUBSTITUTED PATENT.. 



5th. One side of the hopper is 
formed by the breastwork, the two 
ends by the frame, and the other side 
is movable from and towards the 
breastwork, so as to make the hopper 
more or less capacious. 



34 



ORIGINAI, PATENT. 



SUBSTITUTED PATENT. 



A few additional remarks will suf- 
flicienMy shew the construction, use 
and operation of this machine. The 
cotton is put in the hopper, I, D, H, K, 
A, U, S, Fig- 1, in as laig^e a quantify as 
the cylinder will put in mbiion. Some of 
the seeds become stripped sooner than 
others. If il be Dlack seed cotton, the 
seeds become smooth, will most of 
them fall through the cr;.'1' as som,-; a^ 
they are clean, Ijut a considerable part 
of the g-reen seeds which they are thu« 
denominated from being covered with 
a kind of green coat, reisemibling vel- 
vet will continue in the hopper. It will 
not answer therefor to supply it grad- 
ually as the quantity m it diminishes, 
because the seeds will i^olon grow cum- 
brous and by their constant interven- 
tion prevent the teeth from attaching 
themselves to the cotton so fast a,s they 
otherwise would, but one hopper full 
muist be finished, the m'0\ia(oLe part 
drawn back, the hopper cleared of 
seeds and then supplied with cotton 
anew. 

There is a partition Y, W, under the 
cy lender on the left-left hand of which 
"0..- the side beneath the ho;pper, rhe 
.seeds fall, amd the clean cotton hn 
the other side. There may be a recep- 
tacle for the clean cotton in the frame, 
but it is best to have an opening 
through the wall or partition into a 
• contiguai-y rcom, then place the end of 
the machine against this opening and 
let the cotton fly into a close room; or 
it may fall through an opening in the 
floor into a room below. 

This machine may be turned by 
horses or water with the giieatesi ease. 
It requires no other attendance, than 
putting the cotton into 'the hopper with 
a basket or fork, narrowing the hopper 
when necessary and letting out the 
seeds after they are clean. One of its 
peculiar excellencies is, that it cleanses 
the kind called green seed cotton 
almost as fast as the black ^'^ed. If 
the machinery Is moved by water it 
is thought it will diminish the usual 
labor of cleaning the green seed cotton 
;at least forty-nine fiftieths. 



The cotton is put into the hopper, 
carried thro' the breastwork by the 
teeth, brushed off from the teeth by 
the clearer and flies off from the clear- 
er, with the assisi^ance of the air, by 
its own centrifugal force. The ma- 



chine is turned by water, horses or in 
any otiier way as is most convenient. 



There are several modes of making 
the various parts of this machine, 
which together with -their particular 
shape and formation are pointed out 
and explained in a description with 
drawings, attested as the act directs 
and lodged in the office of the Secre- 



35 



SUBSTITUTED PATENT. 



t.ary »of State. EKI WHUTXEY. 

S'ign'ed in presence of 

CHAUN'CGY GOODRICH, 

Counsellor at liaw, iHartford. 
JOHN ADLEiN, 
Counsellor at Law, Litchfield. 
(Received and recorded May 2, 1841, 
and Ex'd W. G. C.) 



ORIGINAIy PATENT. 

The foregoing- is a description of the 
machine for cleansing cotton alluded 
to in a peJtitlion ot the subscriber, dated 
Philadelphia, June 20th, 1793, and 
lodged in the office of the Secretary of 
State, all allaginig- thai he, ihe sub- 
scriber, is the inventor of said ma- 
chine, and signifying his desire of ob- 
taining an exclusive property in the 
same. ELI WHITNEIY. 

Signed in presence of 

OHAUNCEY GOODRICH, 
Counsellor at Law, Hartford. 
JOHN ALLE.N, 
Counsellor at Law, Litchfield. 

State of Connecticut, ss. City of (New 
Haven. 

I, Elizur Goodrich, Esiq., Alderman 
for said City, and Notary Public, by 
lawful authority admitted and sworn, 
residing in said City, and by law au- 
thorized to administer oaths, do here- 
by certify, declare and make known to 
whom it doth or may concern: That 
at said City on the twenty-eighth day 
of October, one t.hlousand, seven hun- 
dred and ninety-three, Eli Whitney, 
of the county of Worcester, in the 
commonwealth of Massachusetts, now 
residing in said 'City, personally ap- 
peared before me, the said Alderman 
and Notary, and made solemn oath, 
that he does verily believe that he the 
said Whitney, is the true inventor and 
discoverer of the machine for ginning 
co.'tt'on, a detscriptibn iwhereof is 
hereto annexed by-by me, the said Al- 
derman and Notary, by my seal Notari- 
al, and that lie, the said Whitney, verily 
believes that a machine of similar con- 
struction hath never before been 
known or used. 

In testimony 'whereof, I, the said 
Alderman and Notary, have here- 
unto set my hand and seal at the 
city aforesaid on the day above 
said. 
(L.,S.) ELIZtJR GOODRTOH. 

)Alderman and Notary Public. 

UNITED STATES OF AMERHCA. 

To all tio whom these Letters Patent 

ishall come: 

Whereas, Gli Whitney, a citizen 'Of (NOTE.— Corresiponding clause oc- 
the State of Massachusetts, in the ^urs at the beginning of this paper.) 
United States hath alleged that he 
has invented a new and useful im- 
provement in the mode of ginning cot- 
ton, which improvement has not been 
known or used before his application, 
has made oath, that he does verily be- 
lieve that he is the true inventor or 



36 



ORIGINAL PATENT. 



discoverer of the said improvement, 
has paid into the Treasury of the Unit- 
ed States, the sum of thirty dollars, 
delivered a receipt for the same and 
presented a petition to the Secretary 
■of State, sig-nifying a desire of ob- 
laining an exclusive property in the 
said improvement, and praying- that a 
patent may be g-ranted for that pur- 
pose: These are therefore, to g-rant 
according- to law, to the said Eli Whit- 
ney, his heirs, administrators or as- 
signs, for the term of fourteen years, 
from the sixth day of [November last, 
the full and exclusive right and liber- 
ty of making-, constructing-, using- and 
vending to others to be used the said 
improvement, a description whereof is 
given in the words of the said Eli 
Whitney, himself, in the schedule- 
schedule hereto annexed and is made a 
part of these presents. 

In testimony whereof, I have 
caused the letters to be made pat- 
ent and the Seal of the United 
iStates to be hereunto afflxed. 

Given under my hand at the city 
of Philadelphia, this fourteenth 
day of March, in the year of our 
'Lord, one thousand, seven hundred 
and ninety-four, and of the Inde- 
pendence of the United States of 
America, the eighteenth. 
(L. S.) GEO. ^VAJSIHIXGTGN. 

By the President. 

EIDM. RANDOLPH. 

City oif Philadelphia, to-wit: 

I do hereby certify that the fore- 
going Letters Patent were delivered to 
me on the fourteenth day of iMarch, in 
the year of our Lord, one thousand, 
seven hundred and ninety-four, to be 
examined. That I have examined the 
same, and find them comforma.ble to 
Jaw. And I do hereby return the same 
to the Seciretary of State, within fif- 
teen days from the date aforesaid, to- 
wit: On this same fourteenth day of 
March, in the year aforesaid. 

WM. B,RAC<EORO. 

Attorney General, United .States. 
'The schedule referred to in these 
Letters Patent and making part of the 
same containing a description in the 
words of the said Eli Whitney him- 
self of an improvement in the mode of 
ginning cotton. 



?>7 



Document IV. 



Document V. 



In Reply Please Refer to 
C. W. K. Letter (Nio. 8348. 
All cojnmunications should 

be addressed to 
■"The iCommissione'r of Patents, Wash- 
ing-ton, D. C. 
department 'of the Interior, 
U'^VlTtED ST'ATEIS PATIEiNT OFFICIE, 
Wa^hing-ton, D. C., January IS, 1901. 

Mr. D. A. Tompkinis, 

United States Industrial Commission, 
Bliss Building, Washington, ,D. C. 

Sir:— Your letter of the 14th instant 
has been received, and in reply tliere- 
to the Commissioner directs me to say 
that on Decemiber 15, 1836, a fire de- 
stroyed the building- in which the 
Patent Office -was, with all the models 
and records and the library. By an 
act of March 3, 1837, pr'oviaion was 
made to restore the specifications, 
drawing-s and models, by obtaining du- 
plicates of them from the persons pos- 
sesising the originals, for which pur- 
pose an appropriation of $100,000 w^as 
made. The whole number of models 
destroyed was about 7,000, and the 
records covered a,bouit 10,000 inven- 
tions. The work of restoration contin- 
ued for twelve years, and $88,237.32 was 
expended out of the amount allowed. 

On September 24, 1877, the roof and 
model rooms and contents in tihe west 
and north wings of the building- were 
destroyed by fire. About 87,000' models 
and 600,000 copies of drawings were 
ruined by fire and water. A full ac- 
count of tlhis fire was published in the 
Official Gazette of the Patent Office 
on October 9, 1877. 

Very respectfully, 
E. V. iSIHEPARD, Chief Clerk. 



CERTIFIED COPY OF BILL OF IN- 
JUNCTION AG-AINST FORT & 
POWELL FOR INFRI'NGEMENT 
OF GIN PATENT. 

This paper is now on file in the United 
iStateis Court House, Savanmah, Ga. 

To the honorable, the judges of the 
Circuit Court of the United States for 
the district of Georgia: 

Humbly complaining shew^ unto your 
honors your orators, Eli W^hitriey, of 
the State of Connecticut, and Catha- 
rine Miller, and Lemuel Kollock, ex- 
ecutors of the last will and testament 
of Phineas Miller, deceased, all citi- 
zens of the United States: That by 
virtue of an act of the Con'gress of the 
United (States entitled an act to pro- 
mote the progress of useful arts, and 
to repeal the act heretofore made for 
that purpose, passed the twenty-first 
day of February, in the year of our 
Lord, one thousand, seven hundred 
and ninety-three, letters patent 'were 
issued in the name of the United 
States, and bearing test by the presi- 
dent, thereof, on the fljurteenth day of 
February, in the year of our Lord, one 
thousand, seven hundred and ninety- 
four, whereby the United ,Sitates of 
America did grant unto your orator, 
Eli Whitney, his heirs, administrators, 
and assigns, for the term of fourteen 
years, from the sixth of November, in 
the year of our Lord, one thousand, 
seven hundred and ninety-three, the 
full and exclusive right, and liberty of 
making, comstructing, ulsing and vend- 
ing to others to be used, a certain new 
and useful improvement in the art of 
ginning cotton, which improvement 
had not before been knoiwn 'or used, 
whereof yiour orato^r, Eli Whitney, was 
the original invent o.r, the -principle io,Z 
which invention consists in the art of 
extracting the cotton from the seed by 
means of teeth com'posed of metal, 
which teeth are attached to a cylender, 
•on which they revolve, passing 
through g-rooves, or openings of a 
breastwork too narrow to admit the 
seed, through which grooves the cot- 
ton is carried by the teieth and after 
passing through is brushed off from 
the teeth 'byacl'earer or bru'sh; asby the 



Units^ States op America,) 

[^^^^^-^ DIVISION \ s-s- 




Georgia. djAertbt/ certify that the Writing annexed to this certificate .^^^^^^^ . . true cop^ 

9J y// /espec^e fjiginal now onfile, and r^ainifig-pn. j;^cord in my office,^ 



^.. y^ respectiue of^ginal now c 












V, 



K/v/vvV 



I// WITNESS WHEREOF, I have cau^ the seal of the said Court to he 

hereunto affued, at the, City^M^^^^^z~^ of in the Southern 

District qf Georgia, this ^^ day of ^^^^^ 

in the year of oar Lord, one thousand eight hundred and ninety 

and of the Independence of the United Stales, the one hundred and 

twenty 



V2^ 



r, !. ""'"" "°" '"' ''" """"'■•^^ •"• -"^ -— .., ... , „, 

Fig. VIII. 

CertiScation of Bill of Inj action by Deputy Clerk U. S. Court, showing few lines of 
document attached. 



39 



said letters patent under the gpreat seal 
Ol ihe Unit'ed States, bearing d!ace the 
said fourteenth day of March, seven- 
teen hundred and ninety-four, (a copy 
whereof is exhibit A, which your ora- 
tor prays may be taken a part of this 
bill) will more fully aippear. 

And your orators further shew that 
on the twenty-first day-day of June, in 
the year of our Lord, one thousand, 
seven hundred and ninety-four, one of 
your orators, Eli iWhitney, being so pos- 
sessed of, and entitled, to the exclusive 
right abo've set forth, by indentu're 
bearing date on the day Last men- 
tioned, by virtue of the fourth section 
of the before mentioned act, did assign 
and transfer unto Fhineias M'iller, one 
moiety, or half part, of the title and 
interest in said invention, which he, the 
said Eli Whitney had acquired and 
held, under, and by virtue of the sa'id 
L#etters Patent, as by the said inden- 
ture, executed, and recorded in the 
office of the .Secretary of State, in pur- 
suance of said act, (a copy whereof is 
exhibit B) will more fully appear. And 
your orators further 'shew, that, by ai- 
ticles of copartnership, duly made and 
executed, by and between Gli Whitney, 
one of your orators, and Phineas Mill- 
er, (who hath lately departed this life) 
it was, on the twenty-first day of June, 
in the year last aforesaid, agreed that 
all concerns which in any way re- 
spected the employment or disposal, of 
the invention and improvement in gin- 
ning cotton ahove set forth, should be 
conducted under the firm of Miller & 
Whitney, and that by virtue of the 
said deed of assignment iand arti- 
cles of copartnership and of the ■afore- 
said statute the said Phineas Miller 
became interested wit^h a joint inter- 
est in the invention and in the exclu- 
sive right thereto attached by the said 
Letters Patent, and that by virtue 
thereof, the said Phineas Miller, in his 
Me lime, was, and your oirlators, ex- 
ecutors of the last will, and testament, 
of the said Phineas. since his death, 
now are placed on the «ame footing 
with the said Eli Whitney, the original 
inventor, both as to riarht and respon- 
sibility. And your orators further 
shew to your honors, that bv thp act 
of the United States, above stated, and 
also by an act passed the seventeenth 
day of April, in the year eighteen hun- 
dred, entitled an act to extend the 
privilege of obtaining patents for use- 
ful discoveries and inventions to cer- 
tain persons therein mentioned, and to 
enlare-e and define the penalties for 
violating- the rights of patentees! it is 
made and declared unlawful where a 



patent shall be or shall have been 
granted, pursuant to eiiher of the said 
acts, for any person 'without the •con- 
sent of the patenle'e, his or her execu- 
tors, admAnistraL'o.is or a.sisigns first O/O- 
tained in writing to mi.ke, de- 
vise, use or sell, the thing whereof the 
exclusive right is secu.i 
entee by such patent. And your ora- 
tors further shew, that, by virtue of 
the aforesaid statutes, and by the 
sanction and authority of the afore- 
said Letters Patent, Eli Whitney, one 
of your orators, and the said Phineas 
Miller, in his life time, were, and your 
orators, ih'at is tosiay, thesaudEli Whit- 
ney survivor, as aforesaid, and the 
said Catharine Miller and Lemuel Kol- 
lock, executors of the said Phineas 
Miller, now aire and continue to be in- 
vested with and ehtibled unto, and ought 
of right to have hold and peaceably 
enjoy the exclusive right and privilege 
of making, devising, using and selling 
to others to be used, gins constructed 
on the plan and according to the prin- 
ciples of the said invention for the 
term of years limited by the said pat- 
ent, accoirding to the true intent and 
meaning of the acts of Congress and 
Letters Patent, as above stated. And 
your orators charge that no machine 
of a similar construction to the one for 
which the said Eli Whitney hath ob- 
tained a patent was ever invented, or 
used in the United States, Georgia, or 
elsewhere for ginning cotton, until in- 
vented by the said Eli Whitney; on the 
contrary, the only mode, me'.hod and 
device, used in Georgia, or elsewhere 
for extracting g-reen seed as well as 
black seied co.ton frb'm the seed, 
was by roller gin's. Which are en- 
tire dissimilar in their principles from 
the present machine of your orator. 
And your orators do further shew to 
your honors, and expreissly charge that 
Arthur 'Fort and John Powell, who are 
citizens oif the State of Georgia, not re- 
garding the right thus constitutionally 
and legally vested in the said Eli 
Whitney and Phineas Miller, their rep- 
resentatives and assigns have pro- 
cured, and since the seventeenth day 
of April, in the year eighteen hundred, 
have used and still continue to use a 
machine for ginning or cleaning cotton, 
upon the principle of the said improve- 
ment and invention, that is tO' say, a 
machine-machine for extracting cottoin 
from the seied by means of metal- 
lic teeth or points, attached to, 
and revolving on a cylender and pass- 
ing through groove® or openings of a 
bre-astwork, too narrow to adlmil the 
seed, through wTiich igrooves the 



40 



cotbon IS carried by the tele'th, and 
after passing through is brushed off 
irom the teeth by a cleaner or brush 
without the license, assent, or permis- 
sion of the said Eli Whitney, or of the 
said Phineas Miller, in his life time 
or of the executors of the said Phineas 
-Vjiller, since his death. And your or- 
5,^:°^^?,.f"^ther shew that your orator, 
Eh \A/hitney, and the said Phineas 
MiLer, in his life time, have often ap- 
plied to the said Arthur Port and 
John Powell in a friendly manner, so- 
liciting them to desist from the use 
of the said machine, and the infraction 
ot the said exclusive right, not having 
obtained a license, or permission from 
your orator and the said Phineas to 
use the same. And your orator and 
the said Phineas well hoped that the 
said Arthur Fort and John Po'well 
would have ceased to use the said ma- 
chine and have made compensation to 
thesaid patentees for the violation of 
their patent right, as in justice and 
equity they ought to have done. 

But now so it is, may it please your 
hofn-ors, that the said Arthur F'ort and 
John Powell, combining and confeder- 
ating with divers other persons yet 
unknown to your orators, whose 
names when discovered your orators 
pray may be inserted in this bill, with 
apt words to charge them, designing 
and intending to oppose the constitu- 
tion .of the United States, as well as 
the governme^nt and laws establish-d 
and enacted under its eian'ciilon, and 
for this purpose d;esignini? by th-ir 
poipulair but evil exampLe toinduci- and 
•promote a gen'er-al violation of their 

f?""^ e!''? '''^^^ ''"'°"» ^he citizens of 
tne ,bi,ate of Georgia and thereby de- 
prive the patentees of its advantages 
have by some fraudulent, surreptitious 
means, unknown to your orators, ob- 
tained, and do continually without any 
h cense or permis'sdon from the paten- 
tees, use the invention for separating 
cotton from the seed above set forth 
whereof the exclusive right is vested 
in your orators, as aforesaid. And that 
the said Arthur Fort and John Powell 
do absolutely refuse to discontinue the 
use thereof, at some times pretending 
that the machine above described is 
not a useful invention, that, for this 
reiason the patent was fraudulently ob- 
tained, and oue-ht to be disree-arded in 
a court of equity. Whereas, your ora- 
tors do allege and charge, th-^i- the in- 
vention and improvement 'aforesaid 
-was the first and original method in- 
vented for separating the species 
which is termed the green seed cotton 
from the seed, that until this invention 



was brought into use the species of 
cotton was not, and could not be ex- 
tensively cultivated for want of a 
mode of separating it from the seed 
and that the success of this invention 
auone has induced and promoted the 
culture of that staple, by which the 
citizens of the Southern tSates, have 
within a few years past been greatly 
enriched. And at other times the said 
detendants and their confederates pre- 
tend, that the said machine was not 
onginally invented by the said Ei 
V\hitney, but was in use before the 
said Letters Patent were issued. 
Whereas, the fact is, and your orators 
expressly charge, that the principle of 
the said machine, and the mode of ap- 
plication above stated, and particular- 
ly defined in the description annexed 
to the said Letters Patent, were orig- 
inally invented and discovered by the 
said Eli Whitney. At other times they 
pretend that the said Eli Whitney, one 
of your orators, obtained the said 'Let- 
ters Patent for the discovery of some 
other person, whereas, your orators 
allege that the contrary is true and 
that the said defendants and their con- 
federates have not, with all their ex- 
ertions and researches to injure your 
orators, been able to produce any dis- 
covery which is materially similar 
even m principle, and much less in the 
application of principle to the purpose 
and use designated by the said Letters 
Patent. And it is also pretended 
by the said defendants and their con- 
federates that the machine used by 
them contains in it an im.provement 
in the principle of the machine invent- 
ed by the said Eli Whitney, of which 
your orators have the exclusive right, 
that is to say teeth cut into circular 
pieces o'f metal, instead of teeth made 
from wire, inserted into the cylendeir. 
Whereas your orators charge that if 
such alteration is an improvement in 
the principle yet it does not entitle the 
inventor of such improvement nor any 
other person to use the m'achine orig- 
inally invented. And whereas also 
your orators charge that the alteration 
above stated inakes no alteration or 
improvement in the principle, but is 
merely a change in the form of that 
pari of the machine, and that in the 
operation of the machine the effects 
of the points or teeth indented into sol- 
id pieces of metal is precisely the same 
as that of teeth composed of wire and 
insprted in the cy lender. And the said 
defendants and their confederates set 



41 



up various pretensies unjustly a'.nd un- 
la'wfully to use said invention, in vio- 
lation of the patent right of your ora- 
tors, and at the same time to destroy 
the benefits which otherwise would re- 
sult from the same. A".l which actions 
and doings and pretenses of the said 
Arthur Fort and John Powell and their 
confederates are contrary to equity 
and good conscience and tend to the 
m.anifes't injury of your orators. In 
consideration wherof and for as much 
as your orators cannot restrain the 
.said Arthur "Port, and John Powell 
from the unjust use of the said inven- 
tion without the aid and interference 
■ of the equitable jurisdiction of this 
honorable court. And as the said Ar- 
thur Fort and John Powell use the 
said m.iachine in a secret and clandes- 
tine m>anner so that your orator can- 
not have the benefit of a full and ef- 
fectual remedy at comimon law against 
the said Arthur Fort and John Powell 
and their confederates for want of 
proof of such use and infringement, 
and of the actual injury sustained 
thereby, to the end therefore that the 
said Arthur Fort and John Po-well and 
their confederates when discovered, 
may make full, true and perfect an- 
swers upon their several and corporal 
oaths, to all and singuMir Lhe matters 
herein alleged, as fully and particular- 
ly as if the same were herein again 
repeated, and they thereunto interro- 
gated, and m.ore especially that the 
said Arthur Fort and John Powell may 
respectively answer, 'whether they 
have not used a machine constructed 
upon the principle above set forth, for 
the purpose of separating cotton from 
the seed, that is to say, a machine for 
extracting cotton from the seed, by 
means of metallic teeth, or points, at- 
tached to and revolving on 'a cylender. 
and passing through grooves or open- 
ings of a breastwork, too narrow to 
admit the seed, through which grooves 
the cotton is carried by the teeth and 
•after passing through is brushed off 
from the teeth by a cleaner or brush, 
at which period they comm.enced the 
use of such machine, and 'whether they 
continue to use the same. What quan- 
tity of cotton he has ginned therewith, 
of bow many circle of teeth the said 
gin consisted, whether it is impeded 
by water, or by what other 'way. And 
the said Arthur Fort and John Powell 
may be restrained from the further 
ucp ,of '='aid invention. 

IMay it please vour honors to grant 
to your orators the United States writ 
of .c^ubpoena to be directed to the said 
Arthur Fort and John Powell, com- 



manding them, under a certain penal- 
ty, therein to be inserted, personally 
to appear befiore the ho^^ora,ble the 
judges of the Circuit Court of the 
United States for the district of Geor- 
gia, at Savannah, on the sixth day of 
May next, then and there to answer 
tho premif'es, and to stand to, and abi3e 
such order and decree therein, as to 
the i=aid judges shlall seem agiieeable 
to equity and good conscVenlce. And 
may it also please your honors to 
grant unto your orators a writ of in- 
junction to be directed to the said Ar- 
thur Fort and John Powell, their 
agents, vvorkm.en and servants, com- 
manding and enjoining them and each 
of them under la penalty therein to be 
specified, t>3 'be levied on their goods 
and chattels-chattels, lands and tene- 
ments from henceforth altoigether to 
desist from using the 'sald machine and 
invention. And your orators shall ever 
pray, etc. 

JOHN Y. NOEfL, 
oif Counsel wifh Compt. 

rzii Whitney being duly snvorn 
maketh oath that the matters of fact 
slated In this, his bill, as far as concern 
hi'£ own act and deed are true o,f nis 
own knowled.fe and that what relates 
to the act and deed of 'any lother person 
or persons, he believes to be true. 

ELI WHTTXFY. 

iSwoirn to befiore me this 31st Jan- 
uary, 1805. 

R. M. STI'T'ES, Clerk. 

EIXTD O RiSFiME'NT. 

District of Georgia, Circuit Court of 
the United States. In Equity. Eli 
Whitney and the Executors of Phineas 
Miller, deceased, vs. Arthur Fort and 
John Po'well, esquires. Bill of injunc- 
tion. 

Filed 16th of March, 1804. ^Xo^^l. 
Decree for perpetual injunction vs. 

Powell, 13th May, 1806. 

Decree for same vs. Arthur Fort, 19th 
Cecem.ber, 1806. Stites, Clerk. 

FORT'iS ANSWER. 

IN T'H'E ,SIXT,'H CTRiCUTT lOOUKT. 
JBILL FOR BNJUINOTIOtN. 

E:i Whitney and the Executors of 
!Ph'inea,'s M.iiller, ComplainanDS, and 
Arthur Fort and John Powell, De- 
fendants. 

The answer of Arthur Fort, one of 
the defendants to the bill of complaint 
of Eli Whi'ney and the r "xecutors of 
Phineas Miller, complainants. 



42 



The defendant, Arthur Fort, savins 
and reserving- to himself now and a[ 
all limes hereafter all and all manner 
of benefit of and advantag-e of excep- 
tions to the manifold uncertainties and 
i'^^TS"'^'''"^ in the complainant's 
said bi'Il contained, for aniswe- therteun- 
10, or unto so m-uch therieor asmateral- 
ly concerns this de'fendfant to ma-ke an- 
s'wer unto he ansvvereth and saith, 
^ if- ^^'^eveth it to be true that the 
said Eh A^hitney did obtain Letters 
Patent for the right .of making-, using- 
constructing and vending to others to 
be used a certain machine purporting 
to be a new and useful improvement 
in the art of ginning cotton, and that 
h^e did transfer one moiety of his right 
thereunto unio the said PhiLn-eias Miller 
as stated in the bill of complaint of the 
said comvplainants; and also that an 
act was passed on the 17th uay of 
April, 1800. to the intent and purport 
expressed in the said bill of complaint, 
but this defendant denies it to be true 
that the machine pretended to be in- 
vented by the said Eli Whitney was a 
useful one because as he hath been in- 
formed the cotton thinned or cleaned 
thereby was materially injured in its 
staple and texture. This defendanr 
admits that it doth not come within 
his knowledge that any machine on 
•similar prancdiples was used in Georgia 
or elsewhere for the ginning of cotton, 
but he hath been informed and doth 
verily believe that a machine con- 
structed on similar principles, though 
somewhat dif^ferent in its formation 
had been known and in use in Europe 
previous to the lime of the said Eli 
^hitney's obtaining his patent, al- 
though It might have been applied to 
a. different purpose than that of gin- 
rirg cotton. 

This defendant also admits that he 
di'd not know of any other m,od>e of gin- 
ning coitt.on-eotton used in Georgia pre- 
viicus to the time of o,htainin)? the said 
patent, o-ther ithan that 'of rollers 
Thus defendant adini'ts that he ha h 
«inoe the ITt.h of April, 1800, and a 
considerable time previous thereto, 
used a m.achine for the purp-ose of gin- 
ning cotton consisting of circular me- 
taliic plates fastened on a square iron 
axis, with teeth, cut in the periphery 
of the plates, and a brush to detach 
the cotton from the teeth, but he de- 
nies that the same is in form similar 
to that of the Patentee, according to 
the best of his information, having 
never seen one of the maohinespretend- 



ed to be invented by Eli Whitney, but 
whether there is any or what simiiLaiirvr 
in principle, he cannot say— because- 
having never seen the machine of the 
Patentee and not being sufficiently 
skilled in mechanics he cannot be posi- 
tive. The defendant denies that he 
hath been requested to desist to use 
his machine otherwise than by having- 
been sued and harassed and perplexed 
hy the complainants in an action on 
the common law side of this honora- 
ble Court, and by the present bill of" 
complaint on the equity side thereof. 
This defendant denies that his exam- 
ple has induced a general violation of 
the rights of the patentees; on the- 
contrary he is inclined to believe that 
If any infringement has been made on. 
the rights of the patente'es thait it has; 
been occasioned by the avarice of 
themselves and agents or some of 
them. This defendant hath already 
answered and said that he does not 
believe the machine for which the- 
patent was obtained is a useful one 
and that he doth believe that a ma- 
chine constructed on similar principles 
was known in Europe previous to the- 
time of obtaining the said patent. And 
this defendant also saith. That teeth 
cut m circular metallic plates is in his: 
opinion, a very considerable improve- 
ment. This defendant denies that he- 
hath used his machine in a secret or 
clandestine manner, but that on the- 
contrary he has never refused any per- 
sons the liberty of inspecting or exam- 
ining his machines, and that his gin- 
hc'u.se at all times at which his 
machine was at work hath been open- 
for the admission of such persons as 
had husiness therein or chose to enter- 

v!''i°- ^^^^ the complainants 
might have well had their action if to- 
'any such they were entitled ('which th^s- 
defendant doth not admit) against 
him at common law, and that in^ruth 
the said Eli W^hitney, and the said' 
Phineas Miller in his life lime insti- 

P?u- \^"Jt on the common law side 
ot this honorable courf^for an infrin^-e- 
ment of their patent, but which ti^ey 
failed to prosecute. That he hath 
used a machine for cleaning cotton 
constructed as he hath alre^ady de- 
scribed for seven years or upwards, 
but he cannot say for the reasons al- 
ready mentio.ned, and also on account 

u r^^ seeing the Letters Patent, 
whether the said machine used by him 

ol ';S^"!^''"/^t^ °" the «ame principles- 
as that of the Patentees, and this de- 
fenoant continues to use the same. 
Ibis defendant is unable to sav what 
quantity of cotton he hath ginned with' 



43 

his machine, as he did not keep any chine for cleansing and separating- 

account thereof. 'That his machine cotton from its seeds, at the time and 

consists of forty-six circles of leeth, in the m.anner set forth in the bill of 

and IS impelled by water. And this de- said comrlainants. and he admits it to 

fendant denaes all and all manner o'f be true that he hath heard and be- 

confederacy and combination where- lieves the said Eli Whitney did after- 

with he stands charged in and by the wards transfer and assi-n to Phineas- 

said bill of complaint, without that, Miller, now deceased, a ^moietv of the 

that there is any other m.atter or s,aid invention, and :.he righ.ts at- 

thin^ material or necessary for this tsched thereunto, under the patent 

defendant to m.ake answer unto, and aforesaid, and he admits it also to be 

not herein and hereby well and suf- true that, said Phineas Miller did by 

ficiently answered unto confessed or his last will and testament nominate 

avoided, traversed or denied, is true, and appoint C'avharine Miller and liem- 

All of which matters and things this ^el Kollock, executors thereof. This, 

defendant is 'ready to aver and prove defendant also admits it to be true 

as this honorable court shall direct that he does bold, use and occupy a 

and award,_ and humbly prays to be machine or gin for cleaning cotton, 

hence dismissed with his reasonable commonly called a sa'w g,in; thai the 

costfs in this behalf mo^st wrongfully said gin has a wooden frame, and a. 

sustained. -i ^ -, ^ . 

J H'^.MILiiL breast, made of pieces or straps of 

iSol. for Deft. iron, placed at such a distance from 

Sixth Circuit Court, District of Geor- eoch oiber, as to admit the teath of 

Sia- circular metallic rows to pass through 

*^r^r ^^''^ ^^'^'"fv, fvl'f .^'''"°'.'' the grooves of said breast, that there 

ma.keth oath and saith. that what is . , . 

contained in the foregoing answer as '« a revolving cylender on v\%ich at 

far as concerns his own act and deed regular disitances from each othfer are 

is true of his own knowledge, and that placed circular metallic iron plates, 

Jieves to be true. o^''^ way; these teeth pass when re- 

AKTHTJ'R FOrRT. volving between the straps or pieces of 

IS'ubscribed by the above named Ar- iron affixed to, or form^ing- the breast, 

thur Fort in my presence and sworn ^^^ separate the cotton placed 'within 

to before me this lith day of Decem- ^, , „ .^ ^ ^-u ^ -^ 

ber, 1805. R. M. STITES, Clerk. ^he hopper from its seeds; that it con- 

E>NDORiSEMEXT tains a brush m.ade of the bristles of 

Sixth Circuit Court, ri:, Whitney hogrs, affixed to a cylender revolving in 

and Executors of Phineas Miller vs. a contrary direction to the one con- 



A. Fort and J. Powell. Answer of A 

Fort, Filed 19t:h Debembeir, 1805 



taining the circular metallic plates or 



Stites, Clerk. Hamill. Solicitor. ^aws, and detaches the clean cotton. 

POWEL'S ANSWER from the saws or teeth. The machine 

TV TWT? PTRrTTTT- noTTOT o.T? T PTTT ^^ P"^ in motion by a whirl fastened 

I^ ™E CIRCmT j^ ^^^ ^^.^ 3f ^j,g cylinder first men- 

^w.o^?A ' ^I^T^^C*^ ^^ tioned, roiund which is a, band a.nd 
C^EOKt^iA. propelled by horse. This defendant 
Eli W^hitney, surviving- copartner and denies all unl?.wful ccmbiration with 
executors of Phineas LYiiller, com- -which he stands charged without that, 
plainamts, vs. Jo.hn Powell, defendant, ^^ere is any other m.atter or thing ma- 
in Equity. teria'l or necessary for this defendant 
The answer of John Powell, defend- to make answer unto and not herein 
ant in the above case. This defendant and hereby well and sufficiently an- 
saving- and reserving to himself all swered unto, confesssd or avoided, tra- 
and all m,anner of exceptions to the versed or denied is true. S. JQiNES. 
manifold errors and imperfections in Solicitor for Defendant, 
the bill of complaint of said complain- 
ants, for ans'wer thereunto or un'o so Jefferson County, ss. 
m.uch thereof, as he is advised is ma- John Powell of . Louisvile, practi- 
terial for him to make ans'wer unto, tioner of physic, being duly sworn 
he answereth and saith, 'That he ad- m.aketh oa!b and saith that the facts' 
mits that a patent was obtained by Eli set forth in his foregcing answer is- 
W^hi^ney, one of the complainants, for true, so far as the sam.e concerns his- 
the invention of a cotton gin, or a ma- cwn act and deed, and what rests on 



44 



the knowledge of others, he believes 
to be true. jxo. POWE-L-L. 

ifeivyorn to and subscribed before me 
1st May, 1805. 

M. SIHEILMAN, J. J. Ct. 
E'N'DORiS EiMEfX T. 

-Eli Whitney and Executois, Miil'Ieir vs 
A. \Fbrx and J. Powell. Answer of John 
Powe'Il. iFlled 6th May, 1805. Stltes 
Clerk. 



Document VI 

CERTIFIED COPY OF HODGE N 

HOLiMES' PATE'NT, 1796. 
This paper is now on file in the Unitted 

'States Court House, Savannalh, Ga. 
EXlElMPiLIEPICL4T'I0X OIF T'HEi PAT- 
ENT OF HODGEIN HOUMEIS. ^ 



Arthur i^brt vs. Miller and Whitney, 
Case 9. 

And the said Arthur Fort by Robert 
VVatkins, his attorney, comes and de- 
lends tbe wrong and injury, when &c 
and s/aith that he is niot g^uilty of hie 
premises above charged on him aigainst 
he form of the statute aiJoresa;id as the 
said Phineas and Eli have above 
against him complained and of this he 
puts himself upon the country, &c. 
WATKINS, 
Defendants' Attorney. 
R. M. ISTTTEIS, Clerk. 

filed '^' ■^^''^ ^^^' ^'^^^''' &^- Plea 
Circuit Court, Georgia. 

DIECREIE FOR I/NJUNCTI'ON. 
^'^i.^^hitney, et al, vs. Arthur Fort. 
'Bill for injunction. 

10??'^ ""^"^f ^"^^ on to be heard this 
19th day of December, eighteen hun- 
dred and SIX, before the HonoTable 
Wm Johnson and the Honorable Wm 
■btephens, on bill, answer, replication, 
testimony and exhibits, in behalf of 
the complainants. 

Whereupon it is ordered, adjudged 
and decreed that the injunction prayed 
tor by the complainants in their bill be 
granted them and that the same be 
made perpetual, and that the defend- 
ant pay the costs of this bill. 

Da^ed at Louisville, this 19th day of 
December. A. D., 1806. and in the 31st 
year of American Independence 

WILLIAM JOHNSO'N, JR. 
WM. iSTEPHENS. 

E(ND O RlSBMHNT. 
Georgia 6th Circuit Court. Whitney 
et al, vs. Arthur Fort. Decree for Per- 
petual Injunction 19th December 1806 
Ent. pa ge^lB and 14. STIT'EIS, 'cierk! 

XfOTE. The woirds in thT^rk^us doc- 
uments which are repeated at inter- 
val.^, thius-thus, are supposed to be the 
words w;hich were formerly repeated at 
the bottom of the pa:ge. The clerk in 
making '^he ceivified copy muin have 
copied the,se words verbatim. 

D. A. T. 



The United iStates of America 
'To all to whom these Letters' Patent 
shall come; 

Whereas, Hodgen Holm.es, a citizen 
'Of the Stiate of Georgia, in the United 
urates, hath alleged that he has in- 
vented a new and useful improvement 
to-wit, new machinery called the cot- 
ton gin, 'Which improvement has not 
been known, or used before his appli- 
cation, has m.ade oath that he does 
verily believe that he is the true in- 
ventor or discoverer of the said im- 
provement, has paid into the Treasury 
of the United IStates, the sum of thir- 
ty dollars, delivered a receipt for the 
>^ame, and presented a petition to the 
Secretary of :State, signifying a desire 
ot obtaining an exclusive property in 
the said improvement, and praying 
that a patent may be granted for that 
purpose: These are therefore to grant 
according to law, to the said Hodgen 
Holmes, his heirs, administrators or 
assigns, for the term of fourteen years 
from the nineteenth day of the month 
of Aprrl last past, the full and exclu- 
sive right and liberty of making, con- 
structing, using and vending to others 
to be used the said improvement, a de- 
scription whereof is given in the words 
ot the ,sa,id Hodgen 'Holmes hiimself in 
the schedule hereto annexed and is 
made a part of tbese presents. 

In testimony whereof, I have caused 
these letters to be made patent and 
the seal of the United .States to be 
hereunto aflixed. Given under my hand 

fl.^il'^ ^'''^^. °^ Philadelphia, this 
tv\elfth day of May in the year of our 
Lord, one thousand, seven hundred 
and ninety-six, and of the Independ- 
ence of the United Stales of America 
the t'wentieth. 

By the President. 
GEIORlG E W A;S BI X GTOX 
TIMOTHY PICKERIXG? ' 
<^- ^O Secretary of State. 

Ci^y of Philadelphia, lo-wif 

I do hereby certify that the fore- 
going Letters Patent were delivered to 
me, on the twelfth day of Mav. in the 
year of our Lord, one thousand, s-ven 
l^nS:^ fS f^^ "i"ety-six, to be exam- 
ined, that I have examined the same 



UNITE^^TATEe OF AMERICA,\ ^ 

rd^"?*:™!. 31 VISION. ! ■^•^• 

SOUTHERN DISTRICT OF GEORGlA/'y; 

^ /.. J^/M^M^: ^~ c,,r,.S,He 

~^^^^*r:Z^ Court of the (hiited States of America, for the Southern District of 

Georgia, do hereby certify that the Writing annexed to this eertificate ^ *i^ true cop ^. 

of z^z'.. /Respective original now onfile, and remaining o/f^eeord in my office. 



TO .Uy^^^.^^-^^^0.^^ .^ ^. /^^^. 



^ ' 

S^ 



,> A-"^ ^:,''f-'r> '''^ ^^ WITNESS WHEREOF, I tuive caused/the seal of the said Court to be 

^^'' '„ J^-~.CVl hereunto affued. at the Citif/^^^?:^^^^?^':^^ 



^ in the Southern 



^= '''V /'^*/ ^ '> District of Georgia, this ZJ'^.. day of^W^ 






in the year of our Lord, one thousand eight hundred and ninety 
and of the Indeaendence of the United States, the one hundred and 

lerk. 




''^:^^^:..A^^i 



:,.:. oms.„„. .v., „«„■ «»um. -nc.n>.,.^,.. ,..vm^y,, nm.c.r.n, ..Uk the -^V»olul« bor^no Cio^:.^^ 



and IS nicidc; a pcH't oP tho;i 



Fig. IX. 



e-io. let I Co lo he n,oOe 



Certification of Holmes' Patent by Deputy Clerk U. S Court, showing few lines of 
document attached. 



46 



and find them comformable to laA' 
and I do hereby return the same to the 
Secretary of State within fifteen days 
from tbe date aforesaid. to-wi,t; on 
this t'weltfh day of Mav. in the year 
aforesaid. CiHARLES LEiE, 

Attorney General. 



The schedule leferred to in these Let- 
teas Patent and making- part of the 
same containing a dsscrip iun in the 
words of the said Ho'dgen Holmes him- 
self of an imprbvement, to- wit:' new- 
machinery called the cotton gin. 

PIX'PLAXATION OF THE WHOLE 
MACHINERY. 

This machiinery for cleaning- cotton 
fiom the seed, can fo.e used in the fol- 
lowing ma.nner, wiz: The whole ma- 
chine (standing on the floor) is made of 
wood, six feet, six inches wide, flv'e feet 
long and five feet hig/h, by puiting this 
machine in motion for use of the before 
me.n Honed purpose, is to be done by the 
fo: lowing direction: 

The cyiender frijm eight to fourteen 
inche<s in diamjeteir, and six feet Long 
with one row- of teeth, to on'e inch, 
which runs on twb iron gudgeoms, the 
feeder from eight to twelve inches di- 
ameter, with two rows of wkes of one 
inch, and six feet long and runs on two 
iron gudgeons, the brush from seven to 
twelve inches i[n diameter, and six feet 
long, with two iron gudgeons to each 
cyiender, from three-quarters of an 
inch to .one inch thick. 

HODGEN HOLMES. 
Teste, W. Urquhart. ^Seaborn Jones. 

'Depairtment of State, to- wit: 
I hereby certify that the foregoing 
Letters Patent from the United States 
to Hodgen Holmes are a trUB copy if 
the original on record in this Depart- 
ment. 

Given under my (h:and and seal of )f- 
fice the twenty-first day of Octoher, 
1797. 
(Seal.) TTMOTHY PICKERIXG. 

Document VII. 

LETTER PIROM PHPNEAS MILLER, 
OF MULBERRY GROVE, GA.. TO 
HIS PARTNER, ELI WHITNEY, 
'NEW HAVEN, CON'N., (PERRUARY 

15, T7&7. 

This is dopied from "Oorrespondence of 
Eli Whi'ney, relative to the Inven- 
tion of the Cotton Gin." 

By M. B. Ha'm;mOnd in The American 
Historical Review, Oct., 189'7. 



Mulberry Grove, Feb. [I5th 1797 
DEAR WHITNEY: The my'ste y of 
your silence is unrav'elled and I am 
much rejoiced-iduung my afo ence to 
the upper country your letters of 17 and 
2. Nov., the i5th and £0'th of Oec. and 
bth Jan. came to hard. Not one of the/je 
reached here until the latter pa-rt of 
January, the lekeirs by Bontacee had 
carelessly been retained by the person 
who brought fhe'm. 

Your advice respecting the mistake 
most pr'obiably coiirjmitted by the Rhod > 
Island Factory is agreeable. 'My anxi- 
eties on this subject are kept awake by 
the large sum We have at stake. Yoni 
are lalm'ost surprised that my con- 
ftdence should 'oe shaken; the people 
here are surprised that it should no- I.e 
entirely destroyed. 

I think your advice good r^spectin''- 
keepung a supply of cotton at New 
Haven and New York. I have only been 
pr.evented frbm pinching necessi-ies 
doing this heretofore, and shall proceed 
as much 'as my funds will possibly ad- 
mit this winter. I have indeed en- 
deavored to extend my credit to the 
purchase of 40 or 50 m. weight of cotton 
a. the low price at whidh it is t'o be had 
at present— viz: $'3,150, and for ca=h "'» 
per hundred. I have ali'o set on foot in 
common with Mr. Rupel a traffic over 
the mountains to the distance of three 
hundred miles by land, which I think 
win enahle us lo vend a few thousand 
weight of cotto.n very pno'fltably 

iFor^tunate have we been in on- in- 
stance among so isinall a number of 
misfortunes in saving our cotton and 
samples of cotton at New York The 
repeated disappcmtments which have 
yet prevented your departure for Eng- 
land have become so frequent that thev 
almost cease to create surprise, and yA 
the evil arising from the detention ^s 
^Dy no means diminished. I really think 
thai it will not be best that Nightin- 
gale should engage with us until some 
oha,nge in our affiaiirs can be broiu-ht 
about. W^e require at present his as- 
sistance and I should wish to make him 
the most liberal recompense without 
subjecting him to our misfortun'els in 
addition to his own. 

It will be best to take the deposi- 
tion of Goodrich and Stebfoins on Ihe 
subject of ratchet wheiels which may 
hereafter be rendered useful. I fear it 
cannot be had in time for otir Court 
which will sit the last of April The 
name of the Patentee for the s'urrepri- 
taous piatent I think is Robert Holmes 



47 



"Vhe names of our defendants, Kfenne- 
d'/ an'd Parker and Edward Lyions. I 
expected you wouM have procu.ed and 
sent on ihe copy of the patent which 
'VMas to be siet )a.side. I shall now write 
for it myself. fT'he oird'eir w^hiioh was 
given to Adams for the saw mill cranio 
wa.s sufRc.ienlly correct. I find by h's 
letter that he understood it_ exactly as 
wais intended— bui the difflculty aros3 
from my ioml:ting- to explain the mode 
of our applying tihese crtanlcs which did 
not lappe-ar to me necessairy. It is now 
too late to make them— others aie pro- 
cured. 

With best wishes fijr your early de- 
parture a.n.d wiiiih the regards of O'ur 
family, I am truly your friend, 

P'HINS. MILLER. 

Document VIII. 

LETTER FROM EI^I WHITNEY, 

NEW^ HAVEDs, CO'NfN., TO JOSIAH 
STEBBINS, NEW MILPORD, DIS- 
TRICT OF MAINE, OQT., 15, 1803. 
This is copied from "Hammoind's Cor- 
respondence, above cited. 

New Haven, 15th Oct., 1803. 

DEAR STEBBINS: The fates have 
decreed that I ,shall be peirpetually on 
the wing and wild gfoiose likie, spend my 
summer's in the North and at the ap- 
proach of winter shape my course Tor 
the regions of the South. Bui I am 'an 
unfortunate gooise. Ins'.ead (of suo- 
limely touring thro' tihe aerial iregions 
with a select corps of faithful aompan- 
ions, I must S'Olely wade thro' the mud 
and dirt a solitary traveller. 

Whiile on my tour the last winter I 
wi'Ote you several letters tb severa'l of 
which I have reed, no answer. I wro'ie 
you a letter from the city of Washing- 
ton almost a yeiar since, in which I 
g£>ve you some account of Thos. Paine. 
I feel a little anxious leist this letter 
may have miscarried. I wr'ote you aso 
last s'pring from 'Savanmah (if I recol- 
lect rightly) requesting some informa- 
tion relative to my limvention of the cot- 
ton machine. I should be gratified lo 
krow whether you reed. ihe~e letters or 
n)ot. 

I shall start frdm Tiere in t'en days 
for South Carolina in order to be there 
at the meeting of the Tegislature of that 
State and expect to return in Janua.y 
or February. A multiplicity of avoca- 
tions has prevented my writing yo'u for 
some time past and it has ben sto long 
delayed that 1 fear I shall riot be able 
to get an answer from you before I 
coimmence my journey. 



1 have still a host of the mo-st -unpnin- 
cipl'ed scoundrels to combat in the 
Southern .States. I have not nbw leis- 
ure to 8^0 into detail but I want to en- 
quire of you if you cannot give your 
deposition to the followiin^ import, 
(viz:) 

I, Jos. Stebbins, &c., &c., db tes- 
tify and declare that I have been 
intimately acquainted with Eli Whit- 
ney, originally of Massjchusetcs, 
but now of New Haven in the State of 
Connecticut, J O'r mere than fourteen 
years. That ihe said Whimey dom- 
m'unicated to me his dis'covery and in- 
vention oif a m.achine for cleianing cot- 
ter from its seed by means of teeth 
pasang between bars or ribis of a part 
v>hich he called a breaistw'ork, more 
than six months before he obtained a 
patent for said invention.^ IThat I saw 
sd. Whitney almost every day thro' the 
•summeir and autumn of the yeai." 1793, 
at which time I was a resident gradu- 
ate in YaQe College. That we had 'many 
and frequent comversations on the sufo- 
ject of mechanics and navurial philoso- 
phy in g^eneral and particularly with 
reference to hiis 'said ilnventi'on. That I 
transcriibed his ispecificaao.ns or de- 
scription of said machine several times 
and that he conferred waih me relatlva 
to the various partis of said des'crip- 
tion. And I well remem.ber that said 
Whitney repeatedly told me that lie 
ortgnally contemplated making a whole 
row of teeth from one plate lor piece of 
metal such as tin plate or sheet iron 
and that he afterwards had recourse 
to wires to make the teeth from neces- 
sity, not having it in his power at that 
time to procure either tin or eheet iron 
in Georgia. That in the first draft of his 
specification he had mentibned sheet 
iron 'as a material out of which the 
teeth might be made but we concluded 
it was wholly unnecessary as it did ia 
no way affect the principle of the ma- 
chine being only pne of a great vaniety 
of methods in which the tee h might be 
made and it was struck out. I also 
recollect that the said Whitney previ- 
ous ^o writing a description of hu's in- 



48 



vention had contemplated a variety of 
methods of making- 'each of the several 
parts of the machine but it was 
thought t'o be wholly immaterial tha: 
they should be mentioned in the de- 
iscripti'Dn, etc., etc. 



pleasure and satisfaction !>o see you here- 
and shew what I have been d'oing- for 
thiee or four years past. 'Ciain ytju not 
visit us next summer? 

With best and mosi affectionate re- 
guards to Laura and ardent wisheis for 
your (owin) happine'sis, I am, have been 



1 hope you will be able to call to mind ^^^ (shall be) 

lour sincere friend, 

E. WHITNEY. 



the cireum'Stainces mentioned above, noi 
that ihey would be of any importance 
with an enli'ghben^ed upright judge. 
'The circumstance of making the teeth 
of sheet iro-n is really of no account as 
it regards the principle and my right; 
but as that is the method in which the 
trespassers make theimachines, they lay 
gr'fat stress upon it, and if I can but 
prove the truth a'oout it, it will stop 
their mouth on this subject. I haive a 
,S'e' of the most diepraved villains lo 
combait and I might almost -as well 
go to hell in search of happinetss as ap- 
ply to a Georgia Court for justice. 

I fear that I have delayed writing to 
you so long that I cannot get an an- 
(Swer from you before I leavie this, 
w.hich will be as early ais the 25th of 
this mjntTi. But I would thank you to 
lose no time Ln writing to me and direct 
to me at Columbia South Oarolina — 
M'hatev'er your recollection will enable 
you to testify to, relative to the early 
history of my invention. I wish you 
to forward to me a deposition signed 
and sworn to. I am sensible sucJi a de- 
position wil'l not "be reed, in a cioiurt cf 
Jaw, there being' no commission taken 
out to take the testimony but it will be 
very useful to me in soime important 
arrange men t,s wWch I wish to make. I 
hope it will be convenient foir you to 
write me soon after you receive this as 
any delay will dprive me of any benefit 
which I may derive from your deposi- 
tion. 

I ishall not make any considerable 
'Slop before I reach Colu'mbia in So. 
Carolina, which place I do not niow ex- 
pect to leave before the 20th of Deoe.n- 



Josia,h Stebbins, Esq. 

Document IX. 

ABSTRACT OF LEGISLATIVE REC- 
ORDS, ON FILE IN SITATE HOUSE 
COLUMBIA, S. 'C, RELATING TO 
THE PURCHASE BY THE SiTA'TB 
OF SOUTH CAROLINA, OF THE 
PATEINT RIGHTS TO TIHE WHIT- 
NEY GIN. 

In the Senate, Dec. 1, 11801, Major 
John Turner presented a petition from 
"Sundry Inhabitants of Richland 
County," praying that the State pur- 
chase for the free use of i s citizens, 
the patent right to the machine known 
as the "saw gin.' 

In the Selnate Dec. 7, 1801, Dr. Blythe 
of All Saints, presented a petition to 
the same effec finom ".Sundry Inhabi- 
tants of iKershaw County." The peti- 
tions were referred to a joint commit- 
tee from House and Senate, composed 
on the part of the Seinate: 

Major John Turner of Richland Cloun- 
ty. Col. Joseph Calhoun of Ablbeville 
County, Capt. Arthur Simpkins of 
Edgefield County, and on the part of 
the House: 

iMr. Taylor, Mr. Peter Porcher, Jr., 
Dr. Hanscome. General Robt. Ander- 
son, Mr. John Richardson. 

The Senate committee reported Dec 
12, 1801: 
That they have met a committee from 



ber. Write me as much and of ten as you the House of Representatlveis fou- the 
, ._ ._ purpose appointed and "they have 



can. I shall have more leasure to w^rite 
you while tnaveling than I .hatve had 
the summer past and you may expect 
to hear from me occasionaliy. 

My armoury here has got to be a reg- 
ular e'sta.blishmbenfe and prlogresses 
tolerably well, and T flatter myself I 
shall m.ake something handso'me by the 
undertaking. My woirks have consid- 
erably excited the public curiosity and 
are visited by most peopile w,ho travel 
thro' this cbuntry, this however is not 
so flattering to my vanity that I d'o not 
wish to be less thronged with specta- 
tors. It would really give much sincere 



taken into their joint consideration the 
matters contained in said memorials, 
and havie had full conference with Mr. 
Eli Whitney, one of the co-partners of 
Miller & Whitney, who claim the said 
patent cor the exclusive use of the saw 
gm for cleaning the staple of cotton 
from the seed within the United States. 
That the said Eli Whitney for himself 
and the conceirn of Miller i& "Whitney 
has proposed as the lowest sum they 
will be willing to take for the patent 
right within the limit of the State the 
sum of $50,000. $20,000 to be paid as 



49 



S'Oijn as the said Miller & Whitney shall 
make a legal transf'er of ihe same lo 
the State or i's agent. $15,000 on Sept. 
Ist and $15,000 on the 18th day of Sepf,., 
which will be in the year 1803." 

"That taking into consideration Ihe 
immense advantages which have re- 
jsulted, and which will result to this 
State from this most ingenious and 
useful discovery, as well as the sacri- 
fices which the inventor has made in 
pursuing and perfecting I his tgreat un- 
der'-aking, as well alsj as the certainly 
that if the patentees pursue theiT right 
against individuals, a much greater 
C9u,m w^ould be likely to accrue to them, 
perhaps rour times the amount, at pres- 
ent, without taking into view the cer- 
tain increase which will toe made to the 
number of machines now in use — 
adding also to these consideravions the 
great propriety of preventing the im- 
mense expense of litigation to our cit- 
izens on this subject — and that it is be- 
coming and dignified in the Stale to 
take by the hand, encourage aind foster 
bj' its liberty the -useful arts. 

"They therefore resolved, that leave be 
given to bring in a bill for the purpose 
of purchasing from Messrs. Miller & 
Whitney, their patent right to the 
m^aking, using and vending the sa v 
machine 'within the limits of this State 
and for compensating them for Ih^ 
sa:me. 

"They further riecoimmend that a tax 
should be liaid on the same machines now 

in the State to the amount of for 

every saw or round or row of teeth in 
the said machines for the purpose of 
defraying the second installment of the 
aforesaid purchase to be made; and 
that it be considered that the tax upon 
these machines be pledged for the pur- 
pose of reimbursing the State for the 
purchase to be made aforesaid." 

ORDERED 
that the report be consLd'ered on Mon- 
day next. 

Om Dec. 14, 180*1, the Senate agreed to 
the committee report and (returned 
same to com'mittee to bring in a bill in 
conformity thereto. This bill was 
'brought in and passed Dec. 16, 1801, and 
sent to the House. 

The bill provided that Miller & 
Whitney should make a legal transfer 
of the right and title to his patent for 
the State of South Carolina, and that 
they should refund to citizens of the 
State all sums which they had collect- 
ed theirefrom for licenses, and that they 
shouild 'deliver "within a reasonable 
time" at the State House, twio im- 
pr^oved models of the gin. 



On making the legal transfer, Mr. 
Paul Hamilton, Comptroller General of 
the State, made his warrant on ihe 
treasury for the cash payment, $20,000. 

General Charles Cotesworth Pinkney, 
of Charleston, was a member uf this 
Senate. He was one of Whitney's early- 
friends in the South. Another member 
of this Senate was Mr. Henry Dana 
Ward, from Orangeburg County. He 
had been a class-mate of Whianey's at 
Yale College. 

In the Senate Nov. 2(7, 1802, Oapt. Ar- 
thur Simpkins of Edigefieild County, 
preisented a petition f-rom Wiliiam Fos- 
ter, TIayloir, praying that the Stia;:e re- 
fund him the money, $180, which he had 
paid Miller & Whitney as a license to 
operate a saw gin. This petition was 
referred to the same committee that re- 
ported »jn the purchase at the preced- 
ing session, with instructions to confer 
with the Cfomptroller. TTiey report 
Dec. 15, il80'2, that the Comptroller had 
not made the second paymemt on the 
gin patent, and that he held t-he money 
subject to the action of the legislature. 
The petition was granted, and $180 re- 
funded Mr. Taylor. 

The regular House committee ap- 
pointed tio examine the Oo,mptro»ller's 
annual report, say in their report Dec. 
13, 1802, "on the subject of the saw gin 
that Messrs. Miller & Whitney have 
nor complied with their contract relat- 
ing thereto, they highly approve the 
conduct of the Comptr'olleir in suspend- 
ing the payment 'of the second warrant 
and recommend thai he be directed 
to take measures to compel Messrs. 
Miller & Whitney to refund the money 
received by them on account of the saw 
gin." 

On the same date the Senate com- 
mittee report: 

"Resolved, that the legislature ap- 
prove of the conduct of the Cbmp- 
troller, that he be also directed to in- 
stitute such suit against the said Miller 
«S: Whitney, as m'ay be necssary t»o try 
their right to the invention of the ma- 
chine." The memibers of this commit- 
tee were Capt. John Ward of Colleton 
Ccunty, Major Charles Goodwin Df 
Winton and Capt. Sam Warren bf San- 
t'ee. 

•When the Cbmptroller's annual re- 
port came to the House again, Dec. 1. 
180-3, it mentioned the fact that the 
money was sti:i withheld from Miller & 
Whitney, and that suits had ben insti- 
tuted against them. This par; of the 
report was referred to the oiriginal saw 
gin committee. They did not report 
during that session. 



50 



. At ihe next scs'sion, Dec. 6. 1804, Eli ent or exalusive right t'o ihe invention 
"WTiitney. presented a petition I'o boih or improvement of t.he machine for 
House and Senate: "Pnaying that the separating cotton from its seeds, corn- 
State would receive two models of ihe m.mly called the saw gin, in t'he form 



saw gin and comply with iheir contract 
in the purchase of the petitioners' pat- 
ent right 10 the same." Uhis was re- 
ferred to the same saw gin Commit- 
tee. 

On Dec. 15, ISW, the Senate received 
tlhe report of the joint committee as 
follows: 

"On the imost mature deliberailon 
they are of opinion that Miiaer & Wh^- 
ney, from \Vhom the State of South 



and uplon the principle which it is n'JW 
and has heret'olore ibeen used in this 
Slate. 

On the vote to adopt the report there 
was a tie vole, 15 to 15. .The President 
of the Senate voted wit'h t.he iregular 
members, and so he could not break the 
tie. The report was( therefore not 
adopted. 

On Dec. 18, the House of Rep resent a- 
tives voted to disconiinue the suits 



Carolina purchased the patent right for against Miller & Whitney, and on 19th, 
using the saw gin within this State "^^ voted to adopt the committee's le- 
have used reasona-ble diligience to re- port. This was ireported to the Sen- 
fund the money aihd notes ileceived oy .^^s, and they took anolher vote result- 
them from divers citizens and ais from i"?" in favor of tlhe measure by 14 lo 12. 



stveral unforeseen occurrences the said 
Miller & Whitney have heitetofore been 
•prevented from refunding the siame. 
They therefoire, recommend that the 
money and notes aforesaid, be de'pois'.t- 
ed with the Ocmptroller General, to be 
paid over o^n demand to the several 
persons from whelm the same have toeen 
received upon their delivery of the li- 
cense for whieh the said notes of hand 
were given and said monies pai;d to the 



Mr. Whitney signed an indemnity 
bond on Dec. 27, 1804, to Thomas Dee, 
then Oomptr oiler General. John Tay- 
Ibr, J. M. Howell and .Samuel Green. 
'Of Richland County, signed the bond 
with him. The money was then paid 
Mr. Whitney in full of the original 
contract. 

Document X. 



Cpmptroller General, that he be direct- EXTRACT FROM MESSAGE RED^T 
ed to ihdld the said lidenses subject to rvsux^^^x 

the order of the said Whilney; that the 



excellent and highly impnoived models 
now offered by the said Whitney l>e re- 
ceived in full satisfaction of the stip- 
ulations of the contract betwe'en the 
State a.nd MilL-r & Whitney, r^ilative to 
the same; and that the 'suit commenced 
by the State agia,ins'.> the said Mil- 
ler & Whi»:n.ey be discontinued. The 
joint committee taking every circum- 
stance alleged in t.he memioirial into 
the«r serious consideration, further rec- 
ommend that (as the good faith of this 



ING TO THE GIN MaNOPODY BY 
GOVERNOR JAMES JACKSON TO 
LEGISLATURE OP GEORGIA, 
NOV. 3, 1800. 



And bene I request y<our attention to 
the patent gin monopoly under the law 
of the United States, entitled, 'An act 
to extend the privilege oif obtalni'ng 
patents for useful discoveries and in- 
venlions to certain persfons therein 
mentjioned and to enlarge and define 



S! ate is pledged for the payment of the the penalties for Violating th'e rio-ix'^s of 



puicha.se of said patent rigfht) the con- 
tract be now fulfilled, a.s in theUr opin- 
ion it 'ought to be, according tlo the 
most strict justice and equity. And 
although from the documents exnibited 
by said Whitney to the committee, they 
are of the opimon that the said Whit' 



paremts. 

The operation of this law is tlhe pre- 
vention and crampinig of genius as it 
respects cotton machines, a manifest 
injury to the community and in many 
respects a cruel extortilon on the gin 
holders. The two impiorta,nt States of 



ney is the true original! inventor of the Georgia and South Carolina where this 
saw gm; yet. m order to guard the cit- article appears to be beoomin- the 



zens from any injury thereafter, the 
oom.mittee 'recommend that before the 
rp'mainimg balance is paid, the said 
Whitney be required to give bond and 
security to the Co.m'ptroner General to 
indemntify each and every citizen of 



principal staple are made trioutarv ro 
two persons who have obtained 'the 
patents and w,ho deima:nd, as I am in- 
formed ^roo.OO for the mere liberty oC 
'using a ginning machifne, In the erec- 
a. ^v, r^ T . - ^^°" °^ which the patentees do not ex- 

South CaroMna a.^-.a nst the legtal claims pend one farthing and which ^^m as 
o. all persons wha'ts'oever, other than they now think their ri-ht secured itil 
the .said Miller & Whitney to any pat- in their power in futui^e 1 cent's to raise 



51 



10 treble that, amount from l.h? infor- 
mation gtven me by a lesp.ctable mer- 
chant of I'his town, (LouisvilLe, Ga.,) 
whose latter on that subject is mairked 
No. 6. When Miller i& Whilney, tae 
patentees, lirst ■dlsaibuied the machine 
of their cionstruc'.ion, they reteiive-d the 
rig-ht of prop.eiriy of it a,nd aUo two- 
thiicls 'Of the net proceeds of 
the gin, the 'Gxp'Cnse's cf v.'^ik.n^ to te 
jo«n'. between vine patentees amd ih? 
dinners, finding however a defect in 
the law under which Vaelr X)ait'.:,nt was 
oibtiained they deteiimiJie'd to sell the 
machines, together with their rights 
vested in them f<or $5C0.CO an(d fo;r a li- 
cerse to authorize a person to build 
and Work one at his own expense, 
$400.00, but finding, as I suppose, that 
the defect of t'he law was geinenally un- 
derstood and that they conald gei no 
redress in the couirts, ihey Lovvered the 
'deman'd to the present rate of SiiOO.CO— 
that they may raise it t'o the former 
rates i-s certain, and that they will do it 
unlciss public interference is h^ad, there 
can be little dou!bt. I am informed 
fiom other scurces that gins have been 
erected by other persons, who have not- 
taken Miller & Whitney's machine for 
a model, but which in ,£lome small de- 
gree resemble it, and in improvements, 
far surpass it, for it has been a-sserted 
that Miller's and Whitney's gin did not 
on trial a-nswer ihe intended purpose, 
the rights of these improvemen'l how- 
ever, it a'ppeairs by the present act, 
merged in t'he rights of the patentees, 
who it is supposed on the lowest calci- 
lation will make by it in the two (States 
$100. OCO. Monopolies are odious in all 
countries, but m'ore particularly 130 in 
a government like ours. T'he gre'at 
law meteor. Coke, declared them 
contrary to the common and fun- 
clam.ental Law of England, their cenden- 
cv certainly to rais.e the price of the ar- 
ticle from the exclusive privilege— to 
render the machine or lartic'e worse 
from the prevention of competition ani 
improvement — and to im'poverish poor 
aitificers iand planters w^ho are forbid- 
den from ma.Wng, vending or using it 
withoiut license from the patentees, or 
in case of doing sio, are made liable to 
penalties in a court of law. 

The Federal Cuurt docket, it is said 
is Plle^d with these actions. I do not 
doubt the power of Congress to grant 
these exclusive privileges for the con- 
stitution has vested them with it, bat 
in all cases where they hec'om? injuri- 
ous to the communi'y, 'they ought ^ i 
te suppressed, or t'he parties be paid <"■ 
moderate compensat'on for the discov- 
eries from the g'overnment gramting the 



patent. The celebrated I>.\ Adam 
Smith observed tha-x m.oniopolles a:'e 
supported by cruel and opp.e sive law.^ 
such as is the operation at present 0: 
the law on the subject -its weiight lays 
on the poor ind'ustiious meithanic and 
planter. Congres-E, however, did nbt in- 
tend i'l so, for whetn the first law on Ihs 
hoi^d was passed in February, 1793, a 
few individuals only cultivated C'ott>M. 
and it was not dreamt of as about "o 
'become the great staple of the two 
Southern Siates, a staple to'o, which if 
properly encouraged mus;; take the de- 
cided lead of any other (bread kind 
excepted) in t'he Urited Sta-Jes-the 
■steps proper to be taken to remedy this 
public grievance you will judge 'of-Ibui; 
I .shoDid suppose tbat our sister Sta e 
of South Carolina w'o'uld clheierfully 
join Creorgiia in any proper a pipli cation 
to Congress on the subject. I am like- 
wise of opiinion that the State of North 
Carolina and Tennessee must be so fir 
inteiresced as to support &uch a,pplica- 
tvon— if you think with me, I recom- 
mend communicati/on with all of t'hem. 



Document XI. 

WHITNEY'S RJSFDY TO GOVERN- 
OR JACKSON'S LETTER. 

Copied from '"The 'Columbia.n Museum 
and Savannah Advertlizer," Dec. 33 
1800. 

T.. Governor Jackson: 

I have read with sensations peculiar 
to the occasion your official attack 
upon our private prop£(rty, acquir-^'d 
under the patent la'w of the United 
Slates, (but we have long doubted 
vihether it were proper to ciommunicate 
-these sensations to the public. 

It (has always appeared to us that the 
private pursuits of individual indus- 
try are entitled to the most sacred and 
inviolable protection of the laws, and 
that a grood cause where private right 
alone was concerned might suffer tri- 
vial injuries vvi:hout acqu.i i-gthedaim 
to be pres-ented "oefore the solemn trib- 
unal of public opinion. B.ut when the 
title to our property is slandered and 
political pers:cu:ion openly commenced 
against us under pretence of official 
duty by our chief magistrate, silence 
on our part might be supp s^d tlo ."^an^- 
tion the abuse. Tihe urgency of the 
case must, therefore, Ibe our apolog\^ 
for meeting your excellency on this 
gi-*ound, and in making a defence of our 
property right, we shall draw a veil 
over the passiions which have bi'ought 



52 



it into question, and, pa'ssing over the 
degiraded condition to wiiich t.iie State 
has been reduced, shall only norioe the 
measure in vvhiich we laire immediate'ly 
implicated, and shall cons'ulit the genius 
or our g-ovennment rather than the aces 
of your iaid:ministratiion, to enafole us to 
preserve towairds you that respect to 
which >'0U'r office is en tilled. 

In the first place, your excellency WiU 
permii; us to remove the deception 
which i'S palmed on the public to our 
disadvanta'g-e in the approbrious term 
"monoipoly." The respectable authors 
whose names were br'ought forwaird to 
sanction your opinion on this sub- 
ject speaik of the exoluisive right lo 
ca;rry on a trade or manufacture as a 
"n^orJopoly," and not oif tlhe pi'otecuon 
which g'overnment chooses to give 
to the arts. The principle of the pat- 
ent law, your excellency will please o 
Otbserve, c^on^ists of a tair odmpromise 
betwee'n the goveirinment and 'lihe au- 
thor of the invention. Thetre can be no 
d.oubt but what an invention in .he 
arts must remain the exclusive right 
or the i'nventor unlder the most opp^res- 
sive laws, while the secret is ct>nflned 
to him, and many instiances have oc- 
curred oif the preservatilon of the secret 
fO'i years and even of lis final loss to 
the public to the death of its inventor. 

To 'reimedy which evil and 'i'o stimu- 
late ingenious men to vie with each 
other, governments, by 'enactinig patent 
laws, subsi.a.ntiially agree that they will 
afford to the author of the inventron 
the most ample protection in tlhe use of 
hii; discovery for a. certain telrm of 
years on condition that after that pe- 
riod it shall (become public property. 
And in camryir.g info effect of all such 
discoveries, it is well-kinown that every 
inventor m'ust inouir the whiole expense 
and take on himsfelf the entire risk of 
the success of his invention, in w'hich 
if he fails, his loss 'of time and money 
does not always confstSt'ute hn'.s gireat- 
est 'mortification, and if fhe succeeds, 
the public advantage must of necessity 
go hand in hand with his acquirements, 
since the inventor cannot expect his in- 
vention to be employed or paid for un- 
less it exceeds all others in point of 
utility. In the present case, we be- 
lieve the utility of our inventilon well 
known anid candidly admitted (by all 
rational men. At the time it was 
■brought forward, there were milli^ons 
of pounds of cotton m the sieed, which 
'awaited the event of glome impr*ove- 
ment in the mode of ginning, and 
wealth, ,hono)r and gratitude were 
promised to Uie fortunate ex'ertibns of 
genius which would ins'ure the culture 



of green seed coiton to the up-country. 

Under such flattering auspices and 
the protection of the law, the invention 
was perfected, and at great expense in 
money, which has /never been repaid, 
and of time and labor, which is unr'e- 
■wardeid, and nfow yioiur excellency 
would direct your influenoe to blast the 
harvest so hardly eairned, and which 
for many years has waived in distaiQt 
view and buoyed up our hopes under 
the existence of adversity and oppres- 
sion, which would )have ibetter suited 
the perpetrators of vice than the in- 
dustrious and succesisful impi'ovfers of 
so useful am art. 

frhe idle stories which your exoeillen^y 
condescends to repeat w'ith a vieiw of 
dividing with soime other person the 
credit of the invention are not new to 
us, butwealwaysconsidered as harmless 
whilte they only served to amuse some 
ingenious mecihanic, but t,he place they 
hold in the executive mes'sage requires 
us to observe that we know of nio pre- 
tentions of this kind whicih dan stand 
the smalle/st examination, and we chal- 
lenge the most distant parts ol Europe 
and Asia tlo produce a model, or a well 
attested la^dount of a machine for 
cleanintg' cotton upon the principle of 
ours, whiOh was known previio/us to our 
invention. We have not even asoartained 
that a single impiroivement has 'oeen 
made upon the machine, of which we 
have not ciomplete evidence of our pre- 
vious kno>wledge and experimental use. 
But 'Whether the form t^hat we have 
a a op ted is the beist and deserves the 
preference to that in cotrnmon use in the 
up-country, experience ;must determine. 
At present public opinion, we acknowl- 
edge, in this respect, to be a,galnist us. 

We have too igood an opinibn of the 
understanding of our readers tlo believe 
that they can .be amused by our follow- 
ing your excellency through the detail 
of our private concerns. We might as 
well claim public attention to oiuir mOde 
of planling cotton or cleaning- lice. Buc 
we are not yet blessed with the vanity 
vhich can be made happy Vjy tihe belief 
that our words and actions are worthy 
of scrutiny, and that plain, uprighi; 
ni'en have a i-ight or -wish to kn-dw the 
exact proportion in whicih we divide our 
liosses or emoluments wiith the gentle- 
men who thought proper to be inierest- 
ed in our comceirn. 

The altlernative which your excellen- 
ey suggests of payin,g a moderate com- 
pensation to :he patentees, or suppress- 
ing the patent, appears tlo us to be in- 
judiciously chosen, for in tihe first of 
these cases, if the bargain is to he all 



53 



oil one side and the persons who would 
defraud us of our rig-ht are to be the 
sole judges of the compensation to be 
maide the opprtession would be too man- 
il'eet; and ihe proposition of suppress- 
ing: the patent is so bold a lihing- '.hat 
wp. iDi'oear g'iiving it co^mTnent. 

Of the sum of money vvhioh we are 
likely to make on our invention, we do 
not pretend to judg^e, but should be 
hig-hly gratified if the prediction of 
your excellency 'should be justified by 
tht. eveni:; should it, howevler, turn out 
♦oiherwiise and sh'ould this public in- 
stance of perseouiion and s-Iander prove 
greatly to our disadvantage, we per- 
suade ourselvefs that your (excellency 
has too high an opinion of the equal 



rights of men to be unwilling" to suo- 
mit to a Court of justice the extent of 
the responsibility that you have taken 
on yours-elf. Appealing as we do to 
the candor and liberality of our fellow 
citizens for t,he justice of oiur cause and 
foi the consii.stency of our conduct, we 
repeat our assurances that we have ap- 
peared 'before them with regrfet, and 
hope that it may be the laist tiime that 
«c much of youir excellency's atten- 
tion will be devotleid to the private con- 
cerns of your constituents, and more 
parlicularly of those who are so desir- 
ous of peaceably pursuing- their occu- 
paliton. as your obendient serviants. 
Sti-gned, 
MILLER & WHITNEY. 



Document XIV. 



LAWS 

OF 

NORTH CAROUNA. 



At a (Beneral B5Semb:\?, begun and held at IRalelgb, on the fif- 
teenth Day of November, in the Year of our Lord one Thousand Eight 
Hundred and two, and in the Twenty-seventh Year of the Independence 
of the said State. 

JAMES TURNER, ESQUIRE, GOVERNOR. 

-f^ 

CHAP. I. 

An Act to carry into effect a Contract between the State of North Carolina, and Phineas 

Miller and Eli Whitney. 



WHEREAS Eli Whitney, the inven- 
tor and patentee of a machine for 
cleaning- cotton from the ftedis, cO'mmon- 
ly called a Saw-Gin, has propofed and 
offered, in behalf of himself and Phin- 
eas Miller, asK^i^ree, of one moiety of 
the patent-i-i;Tht lo faid machine, to fell 
to the State if ra)rth-CaroUnv, :he fole 
and exclusive right o-f making, uiin^" 
and vending the faid machine within 
the limits of this State: And wherv-\'=».s 
the cultivation of cotton is increaaing 
in this State, and from the invention 
and ufe of faid machine, likely to be- 
come a valuable ftaple article of ex- 
portation, it is expedient that the Si.a.te 
of No'.'th Carolina do purchafe from ^^he 
faid Miller and Whitney, the paten :- 
right to the making, ufing and vending 
the faid new invention of a machine 
for cleaning cotton from its feeds, com- 
monly called a Saw-Gin, on the terms 
and conditions he einafte'^ mentioned; 
that is to fay, that thei'e fhall be laid 
and collected by the State of Norlh- 
Carolina, on each and eve'ry faw-gin 
which fhall be ufed in this State, be- 
tween the pafRng of this act an'i the 
firft day of April next, a t.^x of two 
fhillings and fixpence upon every faw, 
or annular row of teeth, which fuch gJn 
ri-;'v certain; and a tax of two 
fhillings and: fixpence for each and 
every faw, or annular row of teefh, 
which fhall be ufed in fa.id gins, in '^•ich 
and every year, for the term of Vwa 
years thereafter. Provided, that the 
aforesaid Miller and Whitney, before 
they fhall re'ceive, or be entitled to re- 
ceive any of the iioney collected by 
v'rtre cf th's art. f'^-ll p'"oduce their 



patent-right aforesaid, and fatisty the 
Treafurer that they are the true pro- 
prietors of the lame; which tax, wh n. 
collected, to be i-aid t>> the faid Miller 
and Whitney, or their order, firCt de- 
ductinig the Sheriff's ufual commirtions 
of fix per cent, for coilection. from year 
to year for the term aforefaid: The 
flrft payment to be made on the flrit 
day o-f December, in the ye-ar of our 
JLiurd one thouiand eight hundred and 
three, and the laft payment on the firft 
day of November, in the year of our 
Lo'rd one thouiand eight hundred and 
eight: For which purpofe, 

Ue U enacted by the General Affem- 
bly of the State of North-Oaro:ina, and 
it is hereby enacted by the authority 
of the fame, That the good faith of th s 
State be, and the fame is hereby de- 
clared to De pledged for the due collec- 
tion of the faid tax for the term afore- 
faid, and for the regular payment 
thereo-f, from year to year, on the diy 
and days before mentioned; and for ihe 
parting of fuich laws as may be necef- 
fary for the due and the faithful col- 
lection and payment of faid tax, and 
foir the puipofe of carrying this con- 
tract into effect, according to its true 
intent and meaning. 

II. And be it further enacted. That all 
persons who fhail ufe, from and after 
the pafRng of this act, any faiw-gin, 
fh'all make return thereof to the firft 
county court which fhall be held in 
each and every county of this State, 
after the firft day of Pebruary next; 
which return fhall be made on oath, to 
Ye adminiftered by fome Juftice of the 
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By the Same Author. 

(Now in Course of Preparation.) 

Cotton and Cotton Oil. 



Contente^ 

PART I. COTTON, 

CHAPTER I. 
INTRODUCTORY.— 

Origin of cotton planting in U. S. History previous to 
invention of saw gin. Influence of roller gin. Influence 
of saw gin. Table showing production and price from 
1790 to 1900. Mutual influence cotton planting and 
slavery. The civil war. Cotton planting with free 
labor. Present magnitude. 

CHAPTER II. 

INVENTION OF THE SAW GIN.— 

(Copied in this pamphlet.) P^irst conception : Wooden 
cylinder with spikes, by Eli Whitney. Second step : 
Saw gin, by Hodgen Holmes. Certified copies of 
patents, Georgia suits for infringement of patent right. 
Royalties paid Whitney by Southern States. 

CHAPTER HI. 

PREPARATION OF COTTON FOR THE MARKET 
WITH SEAVE EABOR.— 

Early gins. Early gin houses with horse power. The 
wooden screw press. Improved methods and ma- 
chines. Hauling bales of cotton 25 miles to market. 



59 
CHAPTER IV. 

THE PLANTATION BEFORE THE CIVIL WAR.— 
General organization of plantation. Home products 
and economy. Amusements on the plantation. Com- 
bination of work and play. The master. The over- 
seer. The slave. Plantation during the war. Loyalty 
of the slave to master and master to slave. 

CHAPTER V. 

PREPARATION OF COTTON FOR THE MARKET 
AS MODIFIED BY THE ABOLITION OF SLAV- 
ERY— 

White man meets new conditions and adapts himself. 
Improved machinery. Labor saving inventions. In- 
creased production. 

CHAPTER VI. 

MODERN COTTON GIN, PRP:SS AND GINNERY.— 
History of improvements on gin. Evolution of the 
gin house. Intermediate stages. Present types. Round 
bales. Compresses. 

CHAPTER VII. 

PLANTING, CULTIVATING AND HARVESTING 
COTTON.— 

Preparation of ground. Time to plant. Chopping out. 
Plowing. Fertilizing. Implements of culture. 
Insect enemies. Picking or harvesting. 

CHAPTER VIII. 

MARKETING COTTON.— 

Ante-bellum Factor method. Post-bellum methods, 
^Middle men. Exporting. 



6o 
CHAPTER IX. 

PROFITS IN COTTON RAISING.— 

With slave labor. With emancipated negro labor. 
Methods of paying- laborers. Renters, tenants, crop- 
pers, day wages. Influence of cotton factories. Influ- 
ence of cotton oil mills. Neighboring manufacturing 
enterprise make farming more attractive. Farm lands 
increasing in value. 

PART II. COTTON OIL. 

CHAPTER X. 

COTTON SEED.— 

Constituent elements, oil, meal, lint, hulls. Microscopic 
study of seed. Varieties and their relative values to 
oil mills. 

CHAPTER XL 

■COTTON SEED OIL, COMMERCIAL FEATURES.— 

History oil milling. Purchasing seed. Uses made of 
various products. Value of products. Markets for pro- 
ducts. Packages for products. Table showing quan- 
tities and values of products for 30 years. 

CHAPTER XII. 

COTTON SEED OIL, MECHANICAL FEATURES 
AND PROCESSES.— 

Detailed description of each machine and its operations. 
Table showing speed and power for each machine. 
Quality of raw material and its relation to finished 
products. Mill buildings. How to reduce fire risks 
by proper construction. 



6i 

CHAPTER XIII. 

COTTON SEED OIL, REFINING.— 

Chemical considerations. Mechanical considerations. 
Old methods. Present practice. Variety of finished 
products. By products. Suitable buildings. Storage 
tanks. 

PART III. CORRELATED INDUSTRIES. 

CHAPTER XIV. 
CATTLE FEEDING.— 

Early experiments. Government investigations. 
Growth in the Southwest. Introduction into the South- 
east. Varieties of cattle for feeding. IMarkets for 
fatted cattle. Transportation of cattle. By products. 

CHAPTER XV. 

FERTILIZERS.— 

Composition and uses. Manipulating and mixing on 
the farm. Raw materials. Manipulating and mixing^ 
at small oil mills. Cotton seed meal as a raw material. 
Experiment station work. 

CHAPTER XVI. 

FERTILIZER MANUFACTURE.— 

Chemical considerations. Mechanical considerations. 
INIachinery. Raw materials. Phosphate rock. Pebble 
phosphate. Sulphuric acid in its relation to fertilizers. 
Manufacture of sulphuric acid. 

APPENDIX. 

DOCUMENTS RELATING TO INVENTION OF 
COTTON GIN. TABLES AND MISCELLANY.— 
This book will contain over 300 pages- and over loa 
original engravings. [PRICE $5.00.] 



62 

Cotton Mill Commercial Features. 

This is a book for the intending investor in cotton 
mill properties, and for the use of those who are now 
operatino^ them. It contains tables, sliowing costs of 
different kinds of mills, and costs of operating on dif- 
ferent classes of products. 240 pages, 70 full page 
engravings. Bound in cloth. [PRICE $5.00.] 

Cotton Mill Processes and Calculations. 

This is a text book for the use of textile schools and 
for mill superintendents, overseers and ambitious 
operatives. It discusses in minute detail every 
machine and process and calculations, needed in the 
cotton mill. 312 pages, 52 full page engravings. Bound 
in cloth. [PRICE ^5.00.] 

American Commerce, Its Expansion. 

A collection of essays and addresses relating to the 
extension of foreign markets for American manu- 
factures. 154 pages. Bound in cloth. [PRICE 75 
cents.] 

Cotton Values in Textile Fabrics. 

A collection of cloth samples, bound in book form 
and arranged to show the value of cotton when con- 
verted into different kinds of cloth. Tables showing 
the value of a crop of 500,000 bales when manufac- 
tured. 18 samples. Bound in cloth. [PRICE ^^2.00.] 

ORDER FROM D. A. TOMPKINS, CHARLOTTE, N. C. 



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